EFFECTIVE DATE 1ST NOVEMBER 2018
Terms and Conditions
These terms and conditions are the contract between you and Small Business Digital Marketing. By visiting or using Our Website, you agree to be bound by them.
Small Business Digital Marketing is a trade name of 3C Digital Pty Ltd, Australian Company Number 623 519 835 incorporated in the Commonwealth of Australia, whose registered office is at Level 5/616 Harris St, Ultimo 2007.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the Services immediately.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Small Business Digital Marketing Membership” means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.
“Services” means all of the services available from Our Website, whether free or charged.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which are owned or operated by us or any member of the 3C Digital Pty Ltd group of companies. It includes all web pages controlled by us.
2. Our Contract
2.1. These terms and conditions regulate the business relationship between you and us. By buying Small Business Digital Marketing Membership or using Our Website free of charge, you agree to be bound by them.
2.2. We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
2.3. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
2.4. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
2.5. Our contract with you and licence to you last monthly or yearly dependent on your choice of subscription option at the time of registration. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
2.6. The contract between us comes into existence when we receive payment from you for a Service.
2.7. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
2.8. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
3. Your account and personal information
3.1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4.1. Purchase of Small Business Digital Marketing Membership entitles you to video tutorials, ebooks, guides, downloadable templates and access to our team’s expertise.
4.2. Payment for a Small Business Digital Marketing Membership is for one month(recurring) or one year (recurring) based on your subscription option. An invoice/receipt for a new period of Small Business Digital Marketing Membership will be included.
4.3. At any time before expiry of your Small Business Digital Marketing Membership, you may use the “My Account” tab on Our Website to access your personal information and change your renewal membership status or cancel renewal.
4.4. At expiry of your Small Business Digital Marketing Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Small Business Digital Marketing Membership for a further period.
4.5. Termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
4.6. You may not transfer your Small Business Digital Marketing Membership to any other person.
4.7. We reserve the right to modify the Small Business Digital Marketing Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Small Business Digital Marketing Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.
5.1. The price payable for Services that you order is clearly set out on Our Website.
5.2. The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.3. Prices are inclusive of any applicable goods and services tax or other sales tax.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
5.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7. All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
5.8. If, by mistake, we have under-priced a Service, we will not be liable to supply that Service to you at the stated price, provided that we notify you before we provide it to you.
6. Security of our Website
If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
6.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
6.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
6.3. download any part of Our Website, without our express written consent;
6.4. collect or use any product listings, descriptions, or prices;
6.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
6.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
6.7. for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
6.8. share with a third party any login credentials to Our Website;
6.9. despite the above terms, we now grant a licence to you to:
6.9.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
6.9.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
7.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
7.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this subparagraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
7.3. The Small Business Digital Marketing Website and Small Business Digital Marketing Services are provided “as is”. We make no representation or warranty that the Services will be:
7.3.1. useful to you;
7.3.2. of satisfactory quality;
7.3.3. fit for a particular purpose;
7.3.4. available or accessible, without interruption, or without error.
7.4. Neither use of the Services nor the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.
7.5. Our Website contains links to other Internet websites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
7.6. We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
7.7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from the information you take from Our Website or receive directly from a third party as a result of an introduction via Our Website.
8. Duration and Termination
8.1. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or e-mail.
8.2. Termination by either party shall have the following effects:
8.2.1. your right to use the Services immediately ceases;
8.2.2. we are under no obligation to forward any unread or unsent messages to you or any third party.
8.3. In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed;
8.4. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
8.5. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
9. Storage of Data
9.1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
9.2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
9.3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
10. Interruption of Services
10.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
10.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
10.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
11. Limitation of Liability
11.1. Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be $500 in aggregate.
11.2. Neither party shall be liable to the other in any possible way, for any loss or expense which is:
11.2.1. indirect or consequential loss; or
11.2.2. economic loss or other loss of turnover, profits, business or goodwill.
11.2.3. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
11.2.4. Nothing in this agreement excludes liability for death or personal injury or for a party’s fraud.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
12.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
12.2. your breach of this agreement;
12.3. your failure to comply with any law;
12.4. any act, neglect or default by any agent, employee, licensee or customer of yours;
12.5. a contractual claim arising from your use of the Services.
13. Miscellaneous matters
13.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
13.3. If you are in breach of any term of this agreement, we may:
13.3.1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
13.3.2. terminate your account and refuse access to Our Website;
13.3.3. remove or edit Content, or cancel any order at our discretion;
13.3.4. issue a claim in any court.
13.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
13.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
13.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
13.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
13.8. This agreement does not give any right to any third party.
13.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control,
13.10 The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales.