Terms of Use

Please read our TERMS OF USE before using this website.

If you continue to browse and use this website you undertand you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Marketing Munch Pty Ltd’s relationship with you in relation to this website.

DEFINITIONS

The term ‘website’ refers to ‘MarketingMunch.com’.
The term ‘content’ refers to all the contents of this website (including, but not limited to, text, graphics, video, audio, advertisements, software, user content and RSS feeds).
The term ‘Marketing Munch’, ‘we’, ‘us’ and ‘our’ refers to Marketing Munch Pty Ltd, PO Box 2578, Strawberry Hills, NSW 2012, Australia. (ACN 143 805 207, registration details).
The term ‘you’ and ‘your’ refers to the user or viewer of our website.

GENERAL TERMS OF USE

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. The information is provided by Marketing Munch Pty Ltd and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, text, graphics, video, audio, advertisements, software, user content and RSS feeds. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Through this website you are able to link to other websites which are not under the control of Marketing Munch Pty Ltd. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked website(s). The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You will not use this website or any service offered through it for any purpose that is unlawful or prohibited by these terms of use.
You may create a link to this website from another website or document without our prior written consent.
These terms of use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

USE OF WEBSITE BY YOU

We grant you a limited, revocable and non-transferable licence to access, view, use and print this website and the content solely for your personal, non-commercial purposes and only for those purposes.

Nothing you do on or in relation to this website or the content will transfer any intellectual property rights to you nor create any license or other right to exercise any intellectual property rights in relation to this website or the content, unless expressly stated in these terms of use.

You must not copy, modify, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content in any way except as expressly provided in these terms of use or expressly consented to in writing by us. You should contact us if you wish to obtain such consent.

RSS FEEDS

We may make certain RSS feeds in respect of certain content available to you through the website (RSS feeds). You agree that you will only use our RSS feeds for your personal, non-commercial purposes, and you will not use our RSS feeds for the purpose of promoting, endorsing or implying a connection between us and you (or any third party).

USER CONTENT

This website may contain content or material uploaded, posted, emailed or otherwise electronically transmitted (posted) by you, or other users of this website (user content).

You grant us a perpetual, royalty-free, non-exclusive, irrevocable and worldwide licence to use, copy, modify, adapt, publish, display, re-distribute, broadcast, transmit, sublicense, create derivative works from and incorporate in other works any user content posted by you, at any time in the future in any form and for any purpose, and waive in favor of us all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of user content posted by you.

We may access or examine any user content and at our discretion, move, remove, edit, refuse to post or disable access to user content which we consider, in our sole discretion, to breach any law or to be otherwise unacceptable. You acknowledge that we have no responsibility or liability for the deletion or failure to store any content or material posted by you or any other user on this website.

If you use this website, you are solely responsible for any user content posted by you. In using this website or any service offered through it, you must not:

violate any applicable laws, impersonate any person or post any user content that:
- infringes the intellectual property rights of any third party or post user content that you do not have the right to post;
- is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing, improper or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email; or
- contains a survey, contest, or pyramid scheme.
distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
collect or store personal data about other users of this website or engage in any other conduct that inhibits or discourages any other person from using or enjoying this website.

You acknowledge and agree that:

we not responsible for user content posted on this website nor under any obligation to monitor, move, remove, edit, refuse to post or disable access to it; and
user content posted on this website is a means of public (not private) communication and we may disclose the identify or other information in relation to any person who posts content or materials on this website which may violate any applicable or relevant law for the purposes of co-operating with law enforcement authorities in any jurisdiction or complying with any lawful direction or request to do so.
all user content that you post is true, accurate and not confidential to or owned by any other person;
all user content posted by you is owned by you, our use of such user content does not infringe or violate the intellectual property rights or any other rights of anyone else and you have the right to grant the user content licence; and
you will not use this website or any service offered through it for any purpose that is unlawful or prohibited by these terms of use.

REGISTRATION

You may be required to register with us in order to post comments in relation to content, to participate in competitions or access some of the content or other features or functionality of this website. Where you are required to register:

you must submit accurate, complete and updated registration information;
you must safeguard any user name and password which we provide to you;
you authorise us to assume that any person using this website with your user name and/or password is either you or is authorised to act for you;
where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password; and
you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.

You may cancel your registration at any time by notifying us (unless the specific terms and conditions of a competition provide otherwise). We may discontinue or cancel your registration in our sole discretion without notice if:

you do not visit this website for an extended period of time;
you breach any of these terms of use, any competition terms and conditions or any applicable law; or
if we conclude that your conduct impacts on our name or reputation or violates our (or a third party’s) rights.

COMPETITIONS

From time to time we may run or offer competitions or promotions through this website (competitions). Your participation in those competitions is governed by (in addition to these terms of use) the specific terms and conditions relating to those competitions and subject to your satisfaction of any eligibility criteria described in those terms and conditions.

MOBILE ACCESS

This Website may contain content that may be accessed through or downloaded to your mobile device (mobile access). To the fullest extent possible, these terms of use apply to any mobile access to this website or the content by you. You must consult your telecommunications service provider to see what additional carrier charges you may incur in accessing, using or downloading from this website in such a manner.

CONTENT IS PERSONAL OPINION ONLY

The views expressed in the content, or which may be reasonably implied in material comprising it (including in streamed audio or audio-visual material), do not necessarily represent the views of Marketing Munch Pty Ltd. You must evaluate and bear all risks associated with the content and not rely on it or its accuracy, completeness or usefulness for any purpose, including as a substitute for any form of professional advice.

USE OF THIS WEBSITE IS AT YOUR OWN RISK

You use this website at your risk. To the extent permitted by law, everything on this website is provided to you “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:

we endeavor to provide a convenient and functional website, but we do not guarantee that your requirements will be met or that your access to the content or this website will be uninterrupted, error free or that this website or the server that operates it is free of viruses or other harmful components; and
while we may attempt to keep information on this website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this website.

This website is accessible to you over the internet which is an inherently insecure medium. You are responsible for implementing adequate security measures to protect your systems. We are not responsible for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure when accessing this website over the internet, or if your use of this website results in the need for servicing or replacing property, material, equipment or data.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law:

we exclude all liability to you for all claims arising under or in connection with these terms of use, this website, or any content or material accessible at any time through it or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, for any other common law or statutory cause of action, under an indemnity or on any other basis;
we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use this website, or any content or material accessible at any time through it, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know or have been advised of the possibility of such damage; and
our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
- in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of such goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; and
- in the case of services: (1) the supply of the services again; or (2) the payment of the cost of having services supplied again.

You agree to defend, indemnify and hold harmless Marketing Munch Pty Ltd, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of this website or resulting from, or alleged to result from, your use of this website, the content or a breach of any of these terms of use.

COPYRIGHT

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download to a local hard disk extracts for your personal and non-commercial use only; and
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

CONTACT

If you have any questions about our privacy policy, or wish to request details of personal information which we hold about you, tweet us @MarketingMunch, post to our Facebook Page, or send an email to email at marketing munch dot com.

Marketing Munch Pty Ltd
PO Box 1234
Strawberry Hills
NSW 2012
Australia

September 9, 2010.