Privacy Policy - Elmedia Marketing

Legal Terms of Use

Agreement to Terms of Use

These Terms of Use relate to the use of the Site.

These Terms and Conditions of Use apply to Elmedia Marketing at www.Elmedia Marketing.com.au and all associated sites linked to www.Elmedia Marketing.com.au by Elmedia Marketing Pty Ltd, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Elmedia Marketing Pty Ltd (“Elmedia Marketing”) and its licensors. The Site includes information transmitted electronically, by phone or on paper and any associated information provided by Elmedia Marketing.

Your access to the Site is subject to these Terms and Conditions of Use, the Elmedia Marketing Privacy Policy, disclaimers and any additional terms and conditions or statements contained on the Site (referred to collectively as the “Terms of Use”). By accessing, viewing, using any of the online functionality or otherwise using this website and the Site, you agree to be subject to these Terms of Use.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. To view, Elmedia Marketing’s policies refer to the Site. By reference, the policy terms as written down in the above-mentioned policies apply to all Elmedia Marketing sites and are made a part of these Terms of Use by this reference.

In these Terms of Use, references to:

“our”, “we”, “us” are references to Elmedia Marketing Pty Ltd, including Investment Partners and its subsidiaries; and
“you” and “your” are references to registered users of this Site or Elmedia Marketing.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Elmedia Marketing reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Elmedia Marketing server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Elmedia Marketing, including any Elmedia Marketing account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Elmedia Marketing’s systems or networks, or any systems or networks connected to the Site or to Elmedia Marketing.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Elmedia Marketing on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Elmedia Marketing or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Elmedia Marketing’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Elmedia Marketing may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Elmedia Marketing makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Elmedia Marketing ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Elmedia Marketing immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by Elmedia Marketing or any other user of or visitor to the Site due to someone else using your Elmedia Marketing ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Elmedia Marketing ID, password or account at any time without the express permission and consent of the holder of that Elmedia Marketing ID, password or account. Elmedia Marketing cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Limitation of Liability

Except where prohibited by law, in no event will Elmedia Marketing be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Elmedia Marketing has been advised of the possibility of such damages.

If notwithstanding the other provisions of these Terms of Use, Elmedia Marketing is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Elmedia Marketing’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Elmedia Marketing (but not including the purchase price for any hardware or software products or any Elmedia Marketing Card or similar support program), or (2) AU$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Elmedia Marketing, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Elmedia Marketing by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Elmedia Marketing may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Elmedia Marketing’s rights or property, or the rights or property of visitors to or users of the Site, including Elmedia Marketing’s customers. Elmedia Marketing reserves the right at all times to disclose any information that Elmedia Marketing deems necessary to comply with any applicable law, regulation, legal process or governmental request. Elmedia Marketing also may disclose your information when Elmedia Marketing determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that Elmedia Marketing may preserve any transmittal or communication by you with Elmedia Marketing through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Elmedia Marketing determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Elmedia Marketing, its employees, users of or visitors to the Site, and the public.

You agree that Elmedia Marketing may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Elmedia Marketing, for which monetary damages would be inadequate, and you consent to Elmedia Marketing obtaining any injunctive or equitable relief that Elmedia Marketing deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Elmedia Marketing may have at law or in equity.

You agree that Elmedia Marketing may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Elmedia Marketing does take any legal action against you as a result of your violation of these Terms of Use, Elmedia Marketing will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Elmedia Marketing. You agree that Elmedia Marketing will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

The information contained in this website is subject to change without notice.

Elmedia Marketing Pty Ltd, WARRANWOOD VIC 3134 AU.