Internet Application and Hosting Services End User Agreement
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF PMZ MARKETING’S ONLINE SERVICE (THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT PROCEED AND MAY NOT USE THE SERVICE.
PMZ MARKETING RESERVES THE RIGHT TO UPDATE AND CHANGE, FROM TIME TO TIME, THE TERMS OF THIS AGREEMENT AND ALL OTHER DOCUMENTS INCORPORATED BY REFERENCE. IF ANY FUTURE CHANGES TO THIS AGREEMENT (AS DEFINED BELOW) ARE UNACCEPTABLE TO YOU, YOU MUST DISCONTINUE USING THE SERVICES AND YOU MAY TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 14 (TERMINATION).
- Description of the Services
Depending on the plan you purchase, the Services may include, without limitation, registration functionality, purchasing functionality, email marketing campaign delivery, web analytics, customer relationship management, reporting, and domain name system services. Some Services may be subject to additional terms and conditions. PMZ Marketing will provide you with use of the Service, including a browser interface, web services access and data encryption, transmission, access, storage and plug-in into some 3rd party products (PMZ Marketing will facilitated such use, however, PMZ Marketing is not responsible for any aspect of your relationship and/or transactions with such 3rd party products and/or services). Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the PMZ Marketing website incorporated by reference herein, including but not limited to PMZ Marketing's privacy and security policies and the PMZ Marketing Web Hosting Acceptable Use Policy.
- Definitions
- “PMZ Marketing Privacy Policy” means the PMZ Marketing Online Privacy Policy, which is available at https://www.pmzmarketing.com.au/privacy-policy or any successor website thereto.
- “PMZ Marketing Web Hosting Acceptable Use Policy” means the PMZ Marketing Web Hosting Acceptable Use Policy, which is available at
https://www.pmzmarketing.com.au/hosting-acceptable-use-policy or any successor
website thereto.
- “Agreement” means this Internet Application and Hosting End User Agreement, the PMZ Marketing Web Hosting Acceptable Use Policy and the PMZ Marketing Online Privacy Policy.
- “End User” means an individual who uses and interacts with your website that is hosted through the Services as a result of your relationship with or connection to PMZ Marketing.
- “Site Owner” is the term we use to refer to you if you use the Services on your own behalf.
- “Information” means personally identifiable information. “End User Information” means personally identifiable information about an End User.
- Privacy & Security; Disclosure
PMZ Marketing's privacy policies may be viewed at https://www.pmzmarketing.com.au/privacy-policy.htm. PMZ Marketing reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. End Users and/or Site Owners when they initially log in, will be asked whether or not they wish to receive marketing, weekly reports and other non-critical Service-related communications from PMZ Marketing from time to time. They may opt out of receiving such communications at that time or at any subsequent time by choosing the unsubscribe link from such communication. Note that because the Service is a hosted, online application, PMZ Marketing occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.
- Content
You (if you are a Site Owner) or your End Users, and/or each such party’s respective licensors, retain ownership of any information, content and/or materials that they submit in the course of using the Services (“Content”); however, PMZ Marketing needs certain rights to Content in order to provide the Services. Accordingly, you hereby grant to PMZ Marketing and its service providers and designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Content, in any media now known or hereafter developed.
You represent and warrant that you will comply with the provisions of Section 26 Local Laws and Export Control.
Without limiting the generality of the foregoing license, you agree that PMZ Marketing may access, use, remove and/or delete any Content in accordance with Section 26 Local Laws and Export Control.
You must comply at all times with the PMZ Marketing Web Hosting Acceptable Use Policy available at https://www.pmzmarketing.com.au/hosting-acceptable-use-policy.
- License Grant & Restrictions
PMZ Marketing hereby grants you a non-exclusive, non-transferable, revocable right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement (including, without limitation, the payment of all applicable fees). All rights not expressly granted to you are reserved by PMZ Marketing and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorised access to the Service or its related systems or networks.
- Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify PMZ Marketing immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (ii) report to PMZ Marketing immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another PMZ Marketing user or provide false identity information to gain access to or use the Service. You agree that you will not directly or indirectly use the Services, or permit the Services to be used, to deliver or facilitate unsolicited commercial email or SMS messages.
You are responsible for paying all taxes levied in connection with your use of the Services. Your payment card company or bank may impose on you other fees in connection with your payments, and PMZ Marketing has no connection to or responsibility for such fees. In addition, you, and not PMZ Marketing, are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Services, and paying all charges related thereto.
- Account Information and Data
PMZ Marketing will not at any time retrieve Customer Data if it is accidentally or otherwise delete by you. In the unlikely case where Customer Data is lost because of software or hardware malfunction, PMZ Marketing will endeavour to restore to the most recent successful backup. PMZ Marketing takes no responsibility whatsoever whether implied or otherwise for the quality or frequency of Customer Data backup.
PMZ Marketing does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not PMZ Marketing, shall have sole responsibility for the input accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and PMZ Marketing shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
In the event this Agreement is terminated (other than by reason of your breach), PMZ Marketing will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. PMZ Marketing reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and PMZ Marketing shall have no obligation to maintain or forward any Customer Data.
During your use of the Service, PMZ Marketing will archive certain information as well as keep some usage and statistical information. In all cases PMZ Marketing reserves the right to delete archived, usage and statistical data irretrievably once it is older than three (3) months.
- Intellectual Property Ownership
PMZ Marketing alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the PMZ Marketing Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the PMZ Marketing Technology or the Intellectual Property Rights owned by PMZ Marketing. The PMZ Marketing name, the PMZ Marketing logo, and the product names associated with the Service are trademarks of PMZ Marketing or third parties, and no right or license is granted to use them.
- Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. PMZ Marketing and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. PMZ Marketing does not endorse any sites on the Internet that are linked through the Service. PMZ Marketing provides these links to you only as a matter of convenience, and in no event shall PMZ Marketing or its licensors be responsible for any content, products, or other materials on or available from such sites. PMZ Marketing provides the Service to you pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
- Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the setup and ongoing fees and charges, and billing terms in effect at the time a fee or charge is due and payable. The amount payable will be equal to the setup and ongoing charges related to your plan plus any excess number of total User licenses requested times the per User license fee currently in effect. Payments may be made, in advance, monthly, half-yearly or annually, consistent with the Initial Term (the first License Term), or as otherwise mutually agreed upon. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide PMZ Marketing with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorised End User may add user licenses by executing an additional written Order Form. Added user licenses will be subject to the following: (i) added user licenses will be coterminous with the pre-existing License Term (either Initial Term or renewed License Term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; (iii) where monthly License Terms are enacted user licenses added in the middle of a billing month will be charged in full for that billing month; and (iv) where half yearly and yearly license terms are enacted additional user licenses will be charged pro rata with a minimum charge of one month.
PMZ Marketing may at any time, upon notice required by applicable law, (a) change the price of the Services; (b) institute new charges or fees; or (c) change this Agreement Terms. Price and Terms changes and institution of new charges implemented during your Subscription Term will apply to subsequent Subscription Terms after the effective date of the change. If you do not agree to any such changes, then you must terminate your subscription (if any) and/or stop using the Services. Your continued use of the Services after the effective date of any such change shall constitute your acceptance of such change.
If you purchase a subscription to the Services, you will select the period of time for which you have elected to pay (the “Subscription Term”). Your subscription will automatically renew at the end of each Subscription Term until you cancel. On the subscription renewal date, PMZ Marketing will automatically charge your payment card for the next Subscription Term (“Billing Date”) plus any other applicable charges, including, without limitation, excess use and license fees. You may cancel your subscription at any time before your next Billing Date. If you do, you will have access to the Services until the end of your then-current Subscription Term.
- Service Limitations
Certain Services may have limitations, which PMZ Marketing may change from time to time in its discretion. PMZ Marketing will charge you excess fees, if you exceed such limitations. The Service limitations may involve (but are not limited to): (a) the number of individuals associated with you who are authorised to use the Services; (b) the amount of disk storage space, CPU load, and API calls available to you; (c) the amount of incoming traffic to your or your client’s website; (d) the number of email marketing broadcasts you may undertake per month; and (e) the number of SMS messages available to you.
Any failure by PMZ Marketing to notify you of excess usage shall not affect your responsibility to pay for it.
PMZ Marketing reserves the right, in its discretion, to impose and enforce limits on payment velocity (that is, the number of transactions per a certain unit of time) and any other feature of the Services. Enforcement by PMZ Marketing against a website may include blacklisting of the website’s IP address.
PMZ Marketing reserves the right to establish or modify its general practices and limits relating to storage of and traffic relating to Customer Data.
- Billing and Renewal
PMZ Marketing charges and collects in advance for use of the Service. PMZ Marketing will automatically renew the License Term and bill your credit card or issue an invoice to you (a) every month for monthly licenses, (b) every 6-months for half-yearly licenses, (c) each year on the subsequent anniversary for annual licenses, or (d) as otherwise mutually agreed upon. The renewal charge will be equal to the then-current plan fee plus any excess User licenses times the user license fee in effect during the prior term. Fees for other services will be charged on an as-quoted basis. PMZ Marketing's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
You agree to provide PMZ Marketing with complete and accurate billing and contact information. This information includes your legal company name, ABN/ACN, street address, email address, and name and telephone number of an authorised billing contact and End User. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, PMZ Marketing reserves the right to terminate your access to the Service in addition to any other legal remedies.
Unless PMZ Marketing in its discretion determines otherwise: (i) entities with headquarters in United States will be billed in U.S. dollars ("U.S. Customers"); (ii) entities with headquarters in Australia will be billed in Australian dollars; and (iii) all other entities will be billed in U.S. dollars, Euros or local currency (if available) ("Non-U.S./Australia Customers").
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
- Non-Payment and Suspension
In addition to any other rights granted to PMZ Marketing herein, PMZ Marketing reserves the right to suspend or terminate this Agreement and your access to the Service, if your account becomes delinquent (falls into arrears). Access to the Administration interface will be suspended immediately if an invoice is delinquent and is re-enabled when such delinquent invoices are paid in full. PMZ Marketing reserves the right to suspend or terminate your public website if delinquent invoices are 30 days overdue. Delinquent invoices are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or PMZ Marketing initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that PMZ Marketing may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
PMZ Marketing reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that PMZ Marketing has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
- Termination
This Agreement will continue to apply until terminated by either you or PMZ Marketing as set forth in this Agreement. Upon termination, you shall promptly discontinue use of the Services. PMZ Marketing will not be liable to you or any third party for any damages that may result or arise out of PMZ Marketing’s termination of your account and/or access to the Services.
The following Sections shall survive the termination or expiration of
this Agreement: 2 (Definitions), 4 (Content), 7 (Account Information and Data), 8 (Intellectual Property Ownership), 10 (Charges and Payment of Fees), 13 (Non-Payment and Suspension), 16
(Termination for Cause), 21 (Indemnity), 24 (Limitation of Liability), 27 (Notice) and 31 (General).
- Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the Effective Date. The Initial Term (the first License Term) will be as you elect during the online subscription process or as otherwise mutually agreed upon. Your obligation to pay for the service begins from the Effective Date and invoices must be paid according to the then current payment terms. Access to the Administration interface will be suspended immediately if an invoice is delinquent. Upon the expiration of the Initial Term, this Agreement will automatically renew for a successive License Term equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at PMZ Marketing's then current fees, and payable in advance. Either party may terminate this Agreement or reduce the number of User licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least fourteen (14) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), PMZ Marketing will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that PMZ Marketing has no obligation to retain the Customer Data, and may delete such Customer Data irretrievably, more than 30 days after termination.
- Termination for Cause
Any breach of your payment obligations or unauthorised use of the PMZ Marketing Technology or Service will be deemed a material breach of this Agreement. PMZ Marketing, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, PMZ Marketing may terminate a free account at any time in its sole discretion. You agree and acknowledge that PMZ Marketing has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
- Subscribing to Extra Services
As part of the Service, you may be able to subscribe to extra features such as real-time alerts via SMS and email marketing. Each service may have a fixed monthly charge as well as data usage charges. In the case where usage charges apply, these will be calculated automatically and billed at the end of each calendar month or as mutually agreed based on the then-current PMZ Marketing pricing.
- Service Level Agreement
PMZ Marketing uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond PMZ Marketing’s control. PMZ Marketing will take reasonable steps to minimize such disruption, to the extent it is within PMZ Marketing’s reasonable control. The Services may not be available in all languages.
If a Service includes email marketing broadcasts, such broadcasts will be undertaken at any time during the date specified for such broadcasts, and may take up to 24 hours to deliver starting from the commencement of such broadcasts. Further, PMZ Marketing cannot guarantee the delivery of such broadcasts by third-party intermediaries. If a Service includes real-time alerts, such alerts will be sent as soon as possible, however PMZ Marketing cannot guarantee their delivery by third-party providers and aggregators or other intermediaries.
- Marketing
You grant PMZ Marketing the right to display your brand including company name and logo on its website and other marketing communications.
- Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. PMZ Marketing represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online PMZ Marketing help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
- Indemnity
You shall indemnify and hold PMZ Marketing, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Content and Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that PMZ Marketing (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release PMZ Marketing of all liability and such settlement does not affect PMZ Marketing's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
PMZ Marketing shall have no indemnification obligation, and you shall indemnify PMZ Marketing pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, and hardware or business process.
- Disclaimer of Warranties
EXCEPT FOR WHAT IS STATED IN SECTION 20 PMZ MARKETING AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT EXCEPT FOR WHAT IS STATED. PMZ MARKETING AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PMZ MARKETING AND ITS LICENSORS.
- Internet Delays
EXCEPT FOR WHAT IS STATED IN SECTION 18 PMZ MARKETING'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PMZ MARKETING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
- Local Laws and Export Control
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Australia, Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Australia, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Australian, Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
PMZ Marketing and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America or Australia, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or Australian law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorised by the United States or Australia for such purposes.
- Notice
PMZ Marketing may give notice by means of a general notice on the Service; electronic mail to your email address on record in PMZ Marketing's account information, or by written communication sent by first class mail or pre-paid post to your address on record in PMZ Marketing's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to PMZ Marketing (such notice shall be deemed given when received by PMZ Marketing) at any time by any of the following: letter sent by confirmed facsimile to PMZ Marketing at the following fax numbers (whichever is appropriate): +61 2 4388-9164 (for All Customers); letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail to PMZ Marketing at the following addresses (whichever is appropriate): PMZ Marketing Systems, 14 Honeysuckle Close, Glenning Valley NSW 2261 AUSTRALIA, in either case, addressed to the attention of: The Director.
- Modification to Terms
PMZ Marketing reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
- Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of PMZ Marketing but may be assigned without your consent by PMZ Marketing to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of PMZ Marketing directly or indirectly owning or controlling 50% or more of you shall entitle PMZ Marketing to terminate this Agreement for cause immediately upon written notice.
- Miscellaneous
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and PMZ Marketing. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. PMZ Marketing will not be responsible for failures to fulfil any obligations due to causes beyond its control.
- General
This Agreement shall be governed by the laws of New South Wales, Australia, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in NSW Australia. No text or information set forth on any other purchase order, pre-printed form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and PMZ Marketing as a result of this agreement or use of the Service. The failure of PMZ Marketing to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PMZ Marketing in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and PMZ Marketing and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please contact PMZ Marketing via our Contact Us page.
