1. The following terms and conditions set out how Red Office Chairs Pty Ltd ACN 605 388 583 trading as Your Marketing Machines ABN 93
605 388 583 of 22 Mowbray Terrace, East Brisbane QLD 4169 (“Your Marketing Machines”, “us”, “we”) operates and the manner in which you
must engage with us if you choose to engage with us. It applies to our website (https://www.yourmarketingmachines.com.au)
and all related websites, applications, Services and tools (“Site &/or App”).
Services and Features
4. When engaging in our Services as they are currently provided, you will be required to enter into a Client Agreement with us that specifically details what Services you will be paying us to deliver, that that includes and excludes, and the terms on which those Services will be delivered to you. In the event the agreement with us expires, you agree that the same terms will apply on a month-to-month basis until either you or we terminate our provisions of the Services.
5. Where a Client Agreement has not been entered into or provided at any time but, you continue to use the services without entering into that Client Agreement, our relationship will be treated as though you have accepted all terms of the Client Agreement in full and your actions in proceeding with the Services and/or making payments and/or giving instructions, will be evidence of your acceptance of the terms of the Client Agreement.
7. We will charge you fees for our Services as detailed on the Website &/or App or in any Client Agreement we enter into with you, and you will also be responsible for any fees charged by the third-party vendor engaged in taking payments.
8. We reserve the right to change these fees from time to time without notification to you, and you are solely responsible for reviewing the Pricing on the Website, or whatever you have agreed to in the Client Agreement which takes priority over any pricing on the Website, as your ongoing use of the Services is deemed acceptance of the pricing that applies at that point in time (or in the Client Agreement as the case may be).
9. We do not offer payment plans, however we may in our sole discretion engage with a vendor such as Afterpay through which you would be able to use a payment plan at your own risk and expense. We will not be responsible for your financial position and will not cover any costs involved or added to the cost of our Services as a result of your requirement to use a payment plan with a third party, or dishonour fees or interest charged.
10. To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the Services will be fit for purpose or of a particular quality. You are responsible for providing us with clear instructions on your business, marketing needs, budget, industry specific requirements and restrictions and your target market so that we can use best endeavours to provide a Service that may provide you reasonable results.
11. We do not facilitate refunds for change of mind, for your failure to get the proper approval within the business in which you are working (if applicable), to engage with our Services or for any other reason excluding those required by law.
13. Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any
chargeable service or feature on the Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to
14. In the event of unusual activity, we reserve the right to suspend your account temporarily or permanently, and contact you, or any other relevant third party to report such unusual activity. You agree to work with us to determine the cause for the unusual activity and assist us if necessary and requested to report on and resolve the issue.
15. While we use reasonable endeavours to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
16. We reserve the right to change or discontinue any service or feature of the Site &/or App in whole or in part any time.
17. Where you believe there is an issue in the Service/s you have purchased or they are significantly different to what you were anticipating from our marketing and/or information provided on our Site &/or App, you agree to contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws, and not write a review or speak negatively about Your Marketing Machines or our Services, without first honouring our right under the Australian Consumer Law to correct the issue.
18. We may offer you the opportunity to set up an online profile with us. In the event we do this, clauses 18 to 21 below strictly apply to that online profile, and also to any Services we offer.
19. By setting up a profile online, you become a User of the Site &/or App, which we will refer to in these terms as your membership while you remain a User. You cannot engage with our Services without becoming a User, setting up your basic profile and providing the relevant data.
20. As a User, you will also have the ability to access features and Services available on the Site &/or App (such as all or any of the Services we provide via the website or in accordance with the Client Agreement, and hopefully in future a mobile application, emails we send you and the information services, content and transaction capabilities on the Application (including the ability to make a purchase) or any chargeable service or feature that becomes available from time to time).
21. You will remain responsible for the security of your own account and any other additional account you or another member of your business, creates and hold Your Marketing Machines harmless for any compromise to your account.
22. When registering as a User of the Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Site &/or App.
23. You are responsible for maintaining the confidentiality and security of your login and password and wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit your account at the end of each session.
Online Payment Processing
25. We will not store any of your financial data such as passwords or credit card numbers on our website or in our systems – if you provide such details to Stripe or any other the third party payment facility service provider, they will be wholly responsible for appropriate storage of your data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility.
26. We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.
Use of the Site &/or App and Prohibited Activities
27. You agree not to use the Site &/or App or any of our social media applications, or in any forum where we are active (or contact any other member of our Site &/or App) to:
- defame, abuse, harass, stalk, threaten or otherwise offend others;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
- impersonate or create a profile for any person or entity;
- promote, or provide information about, illegal activities or conduct;
- promote racism, bigotry, hatred, harassment, or any kind of harm against any group or individual;
- exploit any person under the age of 18, or to solicit information from anyone under 18; or
- solicit money, passwords, or personal information from any person.
28. You also agree not to:
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site &/or App;
- "frame" or "mirror" any part of the Site &/or App without our prior written authorization;
- use code or other devices containing any reference to the Site &/or App to direct other persons to any other web page;
- except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site &/or App or cause any other person to do so.
29. Unauthorised framing / linking to the Site &/or App is prohibited.
31. We (or one of our subsidiaries/associates) own and retain all proprietary rights in and relating to the Site &/or App and our Services. Proprietary rights in and relating to the Site &/or App must not be used in any way without our prior written consent.
32. Any logos, brand look and feel, copyright and trademarks you provide to us will remain your sole intellectual property to the extent that such materials are not already owned by a third party. Any designs or intellectual property we create for you will be treated in accordance with the terms of the Client Agreement.
33. You warrant that any content that you post or transmit on the Site &/or App, or otherwise transmit to any other member of our Site &/or App by any means whether on social media applications or any forum online or in person, will not infringe the intellectual property rights of any third party.
35. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on our Site &/or App, or otherwise transmitted to any member of our Site &/or App, other than their own content, without our express written permission.
36. If you believe that any content has been posted or transmitted on the Site &/or App, or otherwise transmitted to any member of our Site &/or App by any other means, in violation of your rights, please send an email via the Contact Us page.
37. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions, or other activities that may be conducted offline and may be conducted by third parties (“External Activities”).
38. External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk.
39. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost, or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
Third Party Websites, Apps and Integrations
41. From time to time, the Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites, you leave the Site &/or App entirely at your own risk.
42. From time to time, the Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products, or services.
Limitation of Liability and Indemnity
43. You acknowledge that you use the Site &/or App at your own risk.
44. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App or our social media pages, or any other members' or third-party suppliers’ use of or conduct in connection with the Site &/or App or our social media pages, in any circumstance.
47. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable Service or feature on the Site &/or App purchased by you during the term of your membership.
48. In no circumstances will we be liable for any indirect, punitive, or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
Termination and suspension
50. You may terminate your membership of the Site &/or App for any reason only by providing written notice to us. You can provide notice of termination by:
- selecting 'cancel account' within your Account settings and following the instructions;
- mailing it to our postal address listed on the About Us page; or
- emailing us via the Contact Us page.
51. Upon receiving your request to terminate your account, we will raise a support ticket to manage this process and anticipate it will be completed within 30 days of receipt of your request.
52. We reserve the right to, without limitation, do any or all, of the following in relation to your membership:
- suspend your membership;
- permanently or temporarily hide all or part of your member profile;
- modify your member profile;
- terminate your membership for any reason by providing notice to you by email;
- deactivate your membership if you have not used the Site &/or App for a period of 12 months or more (from the date of last use); and/or
- permanently or temporarily block your access to all or part of the Site &/or App.
Last updated Monday 17 July 2023.
Feel free to contact us if you need any further assistance you can contact us: firstname.lastname@example.org