Standard Terms & Conditions for Supply of Services
1 PROVISION OF SERVICES
1.1. These terms and conditions (“Terms”) shall apply to all contracts for the supply of services by Marketing Broker ABN 90 624 190 209 (Marketing Broker) to any third party (“Customer”).
1.2. These Terms prevail over any oral representations between Marketing Broker and the Customer. Waivers or changes to these Terms will only have effect if made in writing by Marketing Broker.
1.3. Any purchase order placed with Marketing Broker, orally or in writing, will be confirmation of the Customer’s acceptance of these Terms.
1.4. If Marketing Broker offers to provide services to the Customer (whether by providing a written quotation or otherwise), the Customer may accept the offer in writing or by any conduct.
1.5. If the Customer offers to purchase services from Marketing Broker (whether by placing an order or otherwise), Marketing Broker may accept the offer in writing or by any overt act of acceptance including, without limitation, by supplying the services to the Customer in accordance with the offer.
1.6. Marketing Broker will carry out its work according to good industry practice and at the standard expected from a suitably qualified person with relevant experience.
1.7. Where Marketing Broker provides recommendations to direct Customers to third-party service providers you acknowledge that these third-party service providers are not under the control of Marketing Broker and we are not responsible for their performance. Our recommendation should not be seen as an endorsement of any kind. Marketing Broker’s responsibility is limited to connecting the Customer to a provider or recommending free/paid resources.
1.8. The Customer acknowledges and agrees that it has relied on its own judgment to evaluate the suitability of the services and any third-party services for the purpose for which it requires the services.
2.1. In consideration of Marketing Broker’s performance of the services, the Customer must pay, to Marketing Broker, the Contract Price.
2.2. All prices published or quoted by Marketing Broker are exclusive of GST (unless Marketing Broker advises the Customer otherwise).
2.3. The GST-exclusive purchase price payable by the Customer to Marketing Broker for the services is increased by the amount of GST payable by Marketing Broker for the supply of the services to the Customer. Marketing Broker may charge to the Customer the purchase price plus GST by way of tax invoice.
2.4. The Customer shall pay interest on any overdue amount at the rate of 15% per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
3 CUSTOMER’S OBLIGATIONS
3.1. To enable the Marketing Broker to perform its obligations the Customer shall:
(a) Co-operate with Marketing Broker;
(b) Provide Marketing Broker with any information reasonably required by it; and
(c) Comply with such other requirements as agreed between the parties.
4.1. The Customer expressly acknowledges and agrees that it has not relied upon, and Marketing Broker is not liable for, any advice given by Marketing Broker, its employees, agents or representatives in relation to the suitability for any purpose of the services.
4.2. These Terms do not affect any rights, entitlements and remedies conferred by the Competition and Consumer Act 2010 (Cth) (CCA).
4.3. Subject to any condition, warranty or right implied or imposed by the CCA or any other law which cannot be excluded by agreement, or any express provision in these Terms, Marketing Broker gives no warranties regarding any services supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, Marketing Broker limits its liability for breach of that implied or imposed condition, warranty, or right, to the fullest extent permitted by law.
4.4. Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, Marketing Broker’s liability for any breach of any implied or imposed condition, warranty or right in connection with the supply of services is limited to one or more of the following (the choice of which is to be at Marketing Broker’s sole discretion):
(a) replacement of the services or supply of services equivalent to the services; or
(b) payment of the cost of replacing the services or acquiring services equivalent to the services.
4.5. Subject to clauses 4.3 and 4.4 and despite any implication arising from any other provisions of these Terms:
(a) Marketing Broker is not liable to the Customer, its servants, agents or contractors, in contract, in tort (including negligence), under any statute (to the fullest extent permitted by law) or otherwise for, or in respect of any indirect or consequential loss or damage including without limitation financial loss or expense including loss of opportunity, loss of profits or loss of goodwill suffered by the Customer or any other person arising directly or indirectly out of, or in anyway attributable to the services, or their delivery, or the process for the sale of the services upon these Terms, even if that loss or damage was in the contemplation of the parties at the time of the supply; and
(b) the aggregate liability of Marketing Broker in contract, in tort (including negligence), under statute (to the fullest extent permitted by law) or otherwise for, or in respect of, any loss or damage arising directly or indirectly out of or in anyway attributable to the services, or their delivery, or the process of the sale of the services will not exceed the price paid by the Customer for the services.
5.1. A party (“receiving party”) shall keep in strict confidence all confidential information concerning the disclosing party ’s business, its products and services which the receiving party may obtain (Confidential Information).
5.2. The receiving party shall only disclose such Confidential Information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause.
5.3. The receiving party shall not be liable for the disclosure or use of Confidential Information that, the receiving party can demonstrate by competent physical evidence,:
a. at the time of disclosure is known to the receiving party or has been published, patented or is otherwise publicly available; or
b. after disclosure, becomes publicly available other than through a breach of these Terms; or
c. becomes known to the receiving party from a source that legally obtained such information without an obligation of confidentiality or nondisclosure; or
d. is disclosed pursuant to law, regulation or lawful order or process.
6.1. These Terms are governed by and are to be construed accordance with the laws applicable in Queensland.
6.2. Each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of Queensland and any courts that have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
6.3. In these Terms, the following rules of interpretation apply:
e. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;
f. these Terms may not be construed adversely against Marketing Broker solely because Marketing Broker prepared them;
g. the singular includes the plural and vice-versa;
h. a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
i. the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
6.4. Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Eudomia Group to act with respect to a breach by you or others does not waive its right to act with respect to that breach or any subsequent or similar breaches.
6.5. The provisions of these Terms are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Web Privacy Statement
- We may also from time to time collect personal information through other interactions with you including by way of phone calls, messenger bots, or information recorded at speaking events.
- If you do not wish to provide personal information to us then you do not have to do so.
- The type of information we collect may include:
- individual name and/or company name;
- contact details including email address, street address, and telephone number;
- demographic information such as postcode;
- preferences and opinions; and
- any other information requested on this Site.
- We may log information about your access and use of our Site, including through the use of Internet Cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet Service Provider.
- We collect and use the information for purposes including:
- providing professional services to you;
- contacting and communicating with you;
- for internal record keeping;
- for market research
- for business development including website development;
- for marketing including direct marketing;
- offering additional benefits to you; and
- sending you promotional information about third parties that we think may be of interest to you.
- If you provide us with third party personal information then you warrant to us that you have the third party’s consent to provide it.
- We may disclose personal information to third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia.
- If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible by law, our user databases, together with any personal information and non-personal information contained within these databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address [email protected]
- You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth) (Privacy Act). We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
- If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
- If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing within 28 days, setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.
- We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
- We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the visitors’ behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Website Terms & Conditions of Use
- This website called www.marketingbroker.com.au (“Site”) including its associated sites including social media sites, is owned and operated by Eudomia Group Pty Ltd (the “Company”).
- In these terms and conditions (“Terms”), “us”, “we” and “our” refer to the Company, and references to “you” or “your” is to you, the end user of the Site (“User”). The Terms will also refer to other end users of the Site (“Users”).
- The Terms may be amended without notice from time to time at our sole discretion. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms. Your use of our Site following any amendments indicates that you accept the amendments.
- In these Terms, Content means all information, graphics, HTML, text, software and materials on the Site. In these Terms, a reference to use of the Site also means use of the Content.
- We cannot warrant that the Site will be available at all times or at any given time and we are not responsible for any delays or interruptions to the Site.
- We are not responsible for any loss, cost, damage or liability that may result from the unavailability, our discontinuance, of the Site.
- If you have any questions, please contact us. All notices, enquiries and complaints can be communicated to us at [email protected]
- USE OF SITE
- By using the Site, you warrant to us that you have read and understood these Terms and you have the legal capacity to enter these Terms and form a contract.
- You are granted a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and license to use the Site for your personal, non-commercial use, only in accordance with these Terms.
- You may view the Site using your web browser and make a temporary copy of all or part of the Site for your personal use in accordance with these Terms if you:
- are not breaking any law by accessing and using the Site (by reference to laws in your jurisdiction and the Company’s);
- use the Site for lawful purposes only (by reference to laws in your jurisdiction and the Company’s); and
- use the Site only in the way that it is designed to be used.
- You are prohibited from using the Site in any way that competes with our business. We will hold you responsible for any loss that we may sustain and hold you accountable for any profits that you may make from non-permitted use.
- All Content is for informational purposes only, and is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the Content and you acknowledge that there may be technical or administrative errors in the Content. We reserve the right to correct any errors in the Content and on the Site without any notice to you.
- All title, ownership, rights, and intellectual property, including copyright, in relation to the Site is owned or used under licence by the Company.
- You agree that you will not copy any part of the Site except as provided for in these Terms.
- Without the express written permission of the Company, you must not:
- replicate all or part of the Site in any way;
- incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format;
- republish material from the Site;
- exploit material from the Site for a commercial purpose;
- redistribute material from the Site; or
- do anything that interferes with the normal use of our website.
- The Site includes registered and unregistered trade marks. You must not copy, alter, use or otherwise deal in the Company’s marks without the prior written consent of the Company.
- This Site may contain third party information and links to websites owned by third parties. We do not control, recommend, endorse, sponsor, or approve third party information or third party websites, including any information, products or services mentioned on those sites.
- You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the condition that:
- you make no alterations to the material;
- you attribute the material to our Site, including linking back to our Site where possible; and
- you do so in a way that could not reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.
- CONTENT PROVIDED BY YOU
- You hereby warrant and represent that any content you submit for publication on our website:
- complies with these Terms;
- is not illegal or unlawful;
- does not infringe any person’s legal rights;
- is not libellous or maliciously false;
- is not obscene or indecent;
- does not infringe any intellectual property right; and
- does not infringe any right of privacy.
- You hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store, and publish any content provided by you on and in relation to this website and any successor website.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, un-publish, or edit, any or all content provided by you.
- You hereby warrant and represent that any content you submit for publication on our website:
- To the extent permitted by law we exclude:
- all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site; and
- all representations, guarantees, warranties or terms ￼(whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law.
- You agree to notify us in writing of any dispute you may have and use your best endeavours to resolve any dispute arising out of or relating to these Terms by mediation and/or negotiation prior to resorting to an external dispute resolution process.
- These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
- We may assign, novate or otherwise transfer any of our rights or obligations under the agreement arising pursuant to the Terms to a third party without notice to you, or your prior consent.
- The agreement arising under the Terms will be governed by the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction in Queensland, and it shall be the sole forum for any proceedings.
- Any clause of the Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
- The termination of any agreement arising from the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.
- To the extent permitted by law we exclude: