THE FOLLOWING DESCRIBES THE TERMS ON WHICH ELMEDIA MARKETING® OFFERS YOU ACCESS TO OUR SERVICES.
This User Agreement (“Agreement”) is a contract between you and Elmedia Marketing Pty Limited ABN 64 664 034 888 and applies to your use of the Elmedia Marketing® payment service and any related products and services available through www.Elmedia Marketing.com.au or through your mobile phone or other wireless devices (collectively the “Service”). Elmedia Marketing Pty Limited (hereafter ‘Elmedia Marketing®’) provides the Service to you.
We may amend this Agreement and Policies at any time by providing notice of upcoming changes by posting the amended terms on our site. You can review the current Agreement prior to initiating a transaction at any time on our site.
In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, ” Elmedia Marketing®,” “we”, “our” or “us” will refer collectively to Elmedia Marketing Pty Limited and where relevant its related companies. Unless otherwise specified, all references to a “bank” in this Agreement include banks, credit unions and all entities authorised to carry on general banking business under Australian law, and all references to a “credit card” include Visa- and MasterCard-branded debit cards.
To use the Service you must register as a Customer, Franchisee, Reseller, Non-Profit or Business account. Users may only hold one account. Our Services are only available to individuals or businesses that can form legally-binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), or to persons who are suspended from our Service.
Please review these policies carefully as they are the terms of sale that govern your purchases. They set out your rights and obligations with respect to your product purchases, including important limitations and exclusions. Your placement of an order at one of the Elmedia Marketing® sites constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
To learn about Elmedia Marketing’s refund policy, please refer below. Please note there may be limitations on your right to obtain a refund for product purchases.
This Policy was last modified on 23 February 2023.
Terms of Agreement
This Agreement commences on the day you sign the Agreement and, unless you and we agree otherwise, will continue for the period set out in the Agreement details form (if any) or if no period is specified, until termination in accordance with this Agreement has been provided to you.
Hours of Operation
If you would like product and pricing information, the Elmedia Marketing® Team is available to assist you. Call the Elmedia Marketing® Team during the hours of Mon-Fri 10:00 a.m. – 4:00 p.m. Eastern Standard time, at info@elmedia.com.au
Sales to End Users Only
Elmedia Marketing® offers products to end-user customers only. You may not purchase products for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing for resale.
Proof of Purchase
Elmedia Marketing® will send you a confirmation of your order via email if you have included an email address with your order.
Payment Methods
Elmedia Marketing® allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order.
Invoicing
Elmedia Marketing® will invoice you immediately or at a later stage depending on the type of product you have purchased and once an approved authorised order form, commercial credit application, verbal agreement with a salesperson or equivalent contract by Elmedia Marketing® has been receipted. The invoice may indicate payment by instalments or in full depending on the payment option chosen. You must pay all fees and charges as set out in the approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document. At our discretion, you may receive several invoices or just one invoice if you have purchased more than one product. We reserves the right to decide whether to charge the set up fee/s at the time of entering into an agreement or at a later stage.
Elmedia Marketing® reserves the right to change the price for the purchase and ongoing supply of Elmedia Marketing® products at any time. You consent to any increased price rises and/or additional charges from time to time. You consent to these price increase and/or additional charges being included in any periodic direct debit authority granted to Elmedia Marketing®.
Credit and Debit Cards
Whether you order online or phone in your order to Elmedia Marketing®, you may pay by credit or debit card. When you provide us with your card information, we will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. We will not bill your credit card or process a transaction under your debit or check card until your order is approved.
Elmedia Marketing® accepts Visa and MasterCard cards. We are unable to accept credit or debit cards associated with a billing address outside of Australia.
Debit cards may have daily spending limits that could delay the processing of your order substantially.
We require the credit or debit card security code for your card for any telephone or online purchase to protect against the unauthorised use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the on the back of your card, on the signature panel (if Visa or MasterCard).
We may charge you a payment processing fee if you pay by credit card. Currently the fee is 2% (inclusive of GST) if payment is made by MasterCard or Visa card. This percentage may vary form time to time. We will notify you if these percentages increase.
You acknowledge that it is your sole responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of credit card payments. Should your account exceed the payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be your liability. Alternatively, we may place a default against you with a credit reporting agency.
You, each of your partners (if a partnership), each of your directors (if a company) agree and acknowledge that we may, at any time, disclose your information, whether obtained verbally, or contained in the order form or credit application, to our solicitors, collection agency, credit reporting agency or another credit provider in accordance with the Privacy Act 1988(Cth).
Recurring Payment
A Recurring Payment is a payment in which you provide an advance authorisation to a Elmedia Marketing® to charge your account directly on a one-time, regular, or sporadic basis. Recurring Payments are sometimes called “Subscriptions” or “Pre-approved Payments”
Elmedia Marketing® can organise for your Recurring Payment to be direct debited from a specified bank account or credit card nominated by you. If you choose to authorise Elmedia Marketing Pty Ltd to debit fees from your nominated financial institution account. The Direct Debit Service Agreement must be read when completing the Direct Debit Request form.
The Direct Debit Request (DDR) Service Agreement is issued by Elmedia Marketing Pty Ltd (ABN 64 664 034 888). You should direct all enquiries about your direct debit to the Elmedia Marketing® via email: info@elmedia.com.au If you would like to implement a direct debit to pay for your order, please follow these steps:
Contact Elmedia Marketing® and place an order.
Obtain the final dollar total of your order including tax and any applicable charges.
If direct debiting a bank account, read the Direct Debit Service Agreement (DDSA) and fill in the DDR form that will be supplied, alternatively if direct debited a Credit card, simply fill in the supplied CCR form.
Reference your order number, sign the relevant DDR or CCR and send to:
Elmedia Marketing Pty Ltd
Att: Operations Team
info@elmedia.com.au
Please allow at least three business days for the processing of your DDR or CCR as processing time varies among banking institutions can be delayed due to institution policies.
In addition to any other amounts you pay us under this Agreement, if any payment you have made to us is dishonoured or otherwise not received by us because of insufficient funds in your account, your nominated bank or we may charge you a dishonour fee. The amount of that fee various between institutions and we charge a $16.50 (including GST), or such other amount as notified to you by us from time to time.
You may cancel a Recurring Payment at any time by contacting Elmedia Marketing® directly via email or telephone. If you cancel a Recurring Payment you may still be liable to Elmedia Marketing® for the payment of products purchased and be required to pay us through alternative means.
Unauthorised transaction or Error
If you believe an unauthorised transaction or error has taken place it is your responsibility to notify ELMEDIA MARKETING® by contacting us on 0418880855 or write to Elmedia Marketing Pty Ltd at info@elmedia.com.au as soon as you can. We must hear from you as soon as possible after the problem or error has appeared on your online statement.
We will advise you of the results of our investigation within 10 working days after we hear from you and, if we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your Account within 10 days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 working days, we are not required to provisionally re-credit your Account.
At the end of our investigation, we will advise you of the results within three (3) working days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit and any fees in relation to the alleged error. You can ask for copies of the documents that we used in our investigation. However, in some circumstances we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose.
If we do not complete a transaction on time or credit you with the correct amount, according to our agreement with you, we will be liable for your losses or damages directly caused by this failure. However, there are some exceptions. For instance, we will not be liable if:
- Through no fault of ours, you do not have enough available funds to make the transaction.
- Any terminal or system was not working properly and you knew about the breakdown when you started the transaction.
- Circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
If we discover a processing error, whether the error is in your or Elmedia Marketing’s favour, we will rectify the error. If the error results in your receiving less money than you were entitled to, Elmedia Marketing will credit your account for the amount of money you should have received. If the error results in your receiving more money than you were entitled to, then we reserve the right to correct the transactions that were incorrectly executed, regardless of the nature and cause of the error.
Payment Obligations
You agree to pay Elmedia Marketing the agreed price for products purchased when they fall due. This payment obligation will survive termination (for Whatever reason) or expiry of this Contract.
You agree to pay Elmedia Marketing the full amount or instalment amount specified on the invoice by the due date.
You agree to pay Elmedia Marketing interest, on any unpaid amounts owing, at the current cash rate, from the date the amount becomes due until it is paid in full, if you fail to pay Elmedia Marketing the specified amount/s owing by you to Elmedia Marketing specified on the invoice by the due date. It is in Elmedia Marketing’s absolute discretion to suspend and/or cancel any of or all of your products that you have purchased.
Goods and Services Tax (GST)
GST Definitions
For the purpose of this agreement:
- “GST” means GST within the meaning of the GST Act.
- “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (as amended).
- Expressions set out in italics in this clause bear the same meaning as those expressions in the GST Act.
- Amounts otherwise payable do not include GST
- Except where express provision is made to the contrary, the consideration payable under this agreement represents the value of any taxable supply for which payment is to be made.
Liability to pay any GST
If a party makes a taxable supply in connection with this Agreement for a consideration, which represents its value, then the party liable to pay for the taxable supply must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
Reimbursements
If this Agreements requires you to pay, reimburse or contribute to an amount paid or payable by us in respect of an acquisition from a third party for which we are entitled to claim an input tax credit, the amount required to be paid, reimbursed or contributed by you will be the value of the acquisition by us plus, if our recovery from the you is a taxable supply, any GST payable under this agreement.
Instalments
Where the consideration for a product is payable by instalments, You must pay us the entire amount of GST applicable to that product (without deduction or set-off) at the earlier of a demand by us or the due date for payment of the first instalment. We will provide you with a Tax Invoice.
Order Processing
The estimated completion date on your order is based on product availability, production time availability, payment processing time, and administration processing time and does not include transit time. ELMEDIA MARKETING® does not begin payment processing until we receive all the information that we need and full payment or a full authorisation, in the case of credit card payments.
ELMEDIA MARKETING® will begin payment processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding public holidays.
Please review the Product Availability section below for more information regarding order processing and product availability times.
Prices
ELMEDIA MARKETING® endeavours to offer you competitive prices on all current ELMEDIA MARKETING® products. Your total order price will include the price of the product on the day plus any applicable tax charges. Elmedia Marketing reserves the right to change prices for products displayed at ELMEDIA MARKETING® sites at any time and particularly to correct pricing errors that appear on the site.
Should ELMEDIA MARKETING® vary this contract or any product and we reasonably consider that the variation is likely to benefit you or have a neutral impact on you, we can make the variation immediately and do not need to tell you.
Should Elmedia Marketing® vary this contract and we reasonably consider that the variation is likely to have a negative impact on you, we will give you 30 days prior written notice of the variation. However, in some circumstances we may need to exercise these rights on an urgent basis, for example, if there is a change in law or regulation or because of security, fraud, technical and related issues. In such circumstances, we will endeavour to give you 3 days prior written notice of the change.
Product and Service Warranty
No Warranty
WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ELMEDIA MARKETING® shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our service is largely dependent upon many factors outside of our control, such as delays in the banking system or mail services. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control.
ELMEDIA MARKETING® does not accept or bear any liability whatsoever in respect of the operation of the ELMEDIA MARKETING® sites, whether for any breach of a provision of any relevant legislation, negligence, injury, death, lost profits, loss of files, data or use, economic loss, loss of reputation or losses or damages incidental or consequential to the operation of the ELMEDIA MARKETING ® site.
All warranties, express and implied, as to the description, quality, performance or fitness of the purposes for the user of the ELMEDIA MARKETING® site/s or any component of the site/s are disclaimed and excluded.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
IN ANY EVENT, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES YOU INCUR.
Third Party Warranties
Non-ELMEDIA MARKETING®-branded, third-party products are, to the greatest extent permitted by law, sold “AS IS” on the ELMEDIA MARKETING® site/s, but may be accompanied by their manufacturers’ standard warranties. ELMEDIA MARKETING® is an intermediary for other businesses and sells “AS IS” products as is, where is, and with all faults, and without express or implied warranties from ELMEDIA MARKETING®.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
Identity Authentication
We use many techniques to identify our users when they register on our site. A user’s verified status is only an indication of increased likelihood that a user’s identity is correct. You authorise ELMEDIA MARKETING®, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, ELMEDIA MARKETING® cannot and does not guarantee any user’s identity.
Release
If you have a dispute with one or more users, you release ELMEDIA MARKETING® (and our officers, directors, agents, related companies, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Indemnification
You agree to indemnify and hold ELMEDIA MARKETING®, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or of the rights of a third party relating to your use of the Service.
Your warranties
You warrant to ELMEDIA MARKETING® that:
- you have the right to enter into this Agreement and are the owner of, or are legally authorised to use the content and to advise any business, product or service referred to in the content;
- nothing in the content or hyperlinked site contravenes any law or statute, infringes the rights of third parties or is obscene, indecent, defamatory, or misleading or deceptive;
- the content complies with the requirements of this Agreement and our advertising rules applicable to your product from time to time; and
- any hyperlinked site or URL displayed on your product does not, expressly or impliedly, falsely represent that it, or the goods or services described in it, have the endorsement, sponsorship or approval of or association with ELMEDIA MARKETING®.
- your Information and your activities (including your payments and receipt of payments) through our Service shall not: (a) be false, inaccurate or misleading, (b) be fraudulent or involve the sale of counterfeit or stolen items, (c) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), (d) violate ELMEDIA MARKETING®’s Acceptable Use Policy, (e) infringe any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy, (f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising), (g) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing, (h) be obscene or contain child pornography, (i) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information, (j) use ELMEDIA MARKETING® to facilitate the sale of counterfeit goods, or (k) create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers. If you use, or attempt to use, the ELMEDIA MARKETING® site/s for purposes other than for its intended purpose and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the site/s, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
- Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or their content without our prior expressed written permission.
- You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the ELMEDIA MARKETING® site/s or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to ELMEDIA MARKETING® by our users or third parties.
- You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of ELMEDIA MARKETING® or the appropriate third party. If you use, or attempt to use, the our site/s for purposes other than for which they are intended, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the site/s, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Product Content
We reserve the right at any time to reject, remove, suspend, delete or withdrawal any Content from the Elmedia Marketing sites for any reason with out any liability to Elmedia Marketing®, including but not limited to:
- If we reasonably believe the content, or use of it, is offensive, obscene, indecent or unsuitable;
- If we reasonably believe the content, or use of it contravenes any laws or infringes the rights of third parties;
- If the content, or the use of it, will cause you to be in breach of any undertaking or other provision under this contract;
- If the content, or use of it, will affect Elmedia Marketing in an unfavourable way; and
- If the content of use of it, does not meet any standard or instructions which are imposed by us, any other third party, including the ACMA.
Elmedia Marketing® reserves the right to change or control the product you purchase, the content of the Elmedia Marketing® sites or other means of display of your product, including but not limited too:
- Duration;
- Content (including inserting a bridging page to any hyperlinked site);
- Presentation (including format, design, placement, order and position);
- Classification and any classifications systems;
- Search criteria (including key words and categories).
Elmedia Marketing® may, at it’s discretion, vary the presentation, position and format of your information on the iPhone, newspapers and in other mediums compared to the information displayed on the Elmedia Marketing Site. This variance is solely at the discretion of Elmedia Marketing and you assume no right of entitlement to the changes that may be made.
We request that you keep your information displayed on the Elmedia Marketing site up to date. We take no responsibility for any of your information contained on the Elmedia Marketing that is not up to date. If you are not permitted to update certain content yourself, then it is your responsibility to provide the updated information to Elmedia Marketing or a Elmedia Marketing Reseller so that Elmedia Marketing may be able to update your content. However, it is your responsibility to maintain and keep up to date any all of your relevant material for use on the site.
We reserve the right to retain or delete any content relating to you or the relevant product purchased when this contract is terminated or when the product purchased is cancelled.
Return and Refund Policy
ELMEDIA MARKETING® does not warrant or forecast that their site/s or any component of their site/s or any services performed in respect of any such site will meet the requirements of any user, or that the operation of the site will be uninterrupted or error free, or that any services performed in respect of the site will be uninterrupted or error-free. Where the Corporations Act 2001, the Australian Securities and Investments Act 2001 or the Trade Practices Act 1974 of the Commonwealth of Australia or any similar State, Territory or overseas legislation implies in these Agreement any term, condition or warranty, and makes void or prohibits excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in these Agreement. However, the liability of ELMEDIA MARKETING® for any breach of such term, condition or warranty will be limited, at the option of ELMEDIA MARKETING®, to any one or more of the following:
if the breach relates to services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
By purchasing a product from ELMEDIA MARKETING®, whether you place your order online or by telephone, you acknowledge that you have had an opportunity to review ELMEDIA MARKETING®’s warranty terms, have done so to the degree you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers in them.
Termination of this Agreement
You may terminate this Agreement at any time by 30 days written notice to ELMEDIA MARKETING®.
A cancellation fee may be charged and is a genuine pre-estimate of the amount of our loss due to your termination or cancellation.
We may terminate this Agreement or suspend or cancel your product at any time:
- by giving 30 days written notice to you without cause (then we will refund the price on a pro-rata basis); or
- immediately if you breach your obligations under this Agreement and (if capable remedy) fail to remedy the breach within 14 days after we notify you of such breach; or
- immediately if you become insolvent; or
- Immediately if we become unable to perform the Agreement due to a force majeure event affecting either our nominees or us.
Copyright
You agree that, when you submit content to Elmedia Marketing®, you grant us, our associated companies and entities, a non-exclusive, royalty free license to modify, reproduce, adapt, use and publish the content. You agree that Elmedia Marketing owns all the content on the sites and can use the information now or in the future, in any way, except for any trademarks, artwork or designs that is owned by you. The content belonging to Elmedia Marketing may not be reproduced or permitted to be reproduced without the consent of Elmedia Marketing®.
You grant to us, under this agreement, a license to also provide content to any of our contractors where necessary for us to provide a product to you. You also warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify Elmedia Marketing against any and all legal fees, damages and other expenses that may be incurred by Elmedia Marketing as a result of a breach of the above warranty. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Elmedia Marketing Site.
Privacy
We view protection of users’ privacy as a very important principle. We understand clearly that you and your information are one of our most important assets. We may store and process your information on computers located in Australia and/or overseas. By using the ELMEDIA MARKETING® site/s and their services you expressly consent to the transmission and storage of your information outside of Australia.
You acknowledge that unless your product falls under certain restricted heading, we may use content from your online product in other ELMEDIA MARKETING® site/s and services, to allow users to search for your listing or advertisement. If you do not wish your content to be used for these purposes, you can opt-out by calling 0418880855
Dispute Resolution
ELMEDIA MARKETING® is committed to dealing with customer complaints fairly and resolving issues in a timely manner in accordance with its procedures for the handling of complaints.
Complaints will be dealt with primarily by ELMEDIA MARKETING®’s Customer Service Team in Victoria.
Submitting a complaint
If you have a complaint about a business that has listed their products or services, you should file a claim through the Elmedia Marketing® website. If you have a complaint about the ELMEDIA MARKETING® service, or believe that your ELMEDIA MARKETING® Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity, you should contact us immediately.
You can report complaints about the ELMEDIA MARKETING® Customer Service Team by:
- Email: admin@elmedia.com.au
Handling your complaints
ELMEDIA MARKETING®’s policy is to confirm receipt of a complaint within 10 business days and to propose a resolution of the complaint. Although every effort is made to do so, in some instances it will not be possible to resolve your complaint within this time frame.
We endeavour to resolve all complaints within a maximum time frame of 45 days. This may not be possible in circumstances where we require further time to conduct our investigation, for example, where information is being sought from a relevant credit card issuer. In instances where we cannot resolve your complaint within 10 business days we will send you an email notifying you of the delay and the reason for the delay as well as an indication of when we expect to be able to respond.
If a complaint relates to the suspension of a ELMEDIA MARKETING® Account, we will request the necessary verification details from you, and where appropriate, lift the suspension on the ELMEDIA MARKETING® Account as quickly as possible.
Other Terms and Conditions
- ELMEDIA MARKETING® is not responsible for typographical errors. We reserve the right to cancel any order you have placed if there was a typographical error on one of the ELMEDIA MARKETING® site/s concerning the pricing or availability of any item you ordered when you placed the order.
- ELMEDIA MARKETING® reserves the right to change the terms and conditions of sale on its site at any time.
- ELMEDIA MARKETING® may make changes to any products or services offered on its site/s, or to the applicable prices for any such products or services, at any time, without notice. The information provided on the site/s with respect to products and services may be out of date, and we make no commitment to update the information provided on our sites with respect to such products and services.
- ELMEDIA MARKETING® reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site/s, or to any portion of the site/s, for any reason; (2) to modify or change the site/s, or any portion of the site/s, and any applicable policies or terms; and (3) to interrupt the operation of the site/s, or any portion of the site/s, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- To the extent permitted by law, all sales at the ELMEDIA MARKETING® site/s are governed by law, without giving effect to its conflict of law provisions.
- No ELMEDIA MARKETING® employee or agent has the authority to vary any of the site’s policies or the terms and conditions governing any sale.
- If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
- ELMEDIA MARKETING®’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by ELMEDIA MARKETING® of any provision or any right it has to enforce these policies, nor shall any course of conduct between ELMEDIA MARKETING® and you or any other party be deemed to modify any provision of these policies.
- These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
- The ELMEDIA MARKETING® site/s provides access to ELMEDIA MARKETING® data and, therefore, may contain references or cross references to our products, programs and services that are not announced in your country. Such reference does not imply that ELMEDIA MARKETING® in your country intends to announce such products, programs or services.
- We may assign or novate our rights and obligations under this Agreement without Your consent.
- This Agreement will be governed by the laws in force in the State in which it is entered into.
- We may use third parties we consider fit to provide any part or all of your product, without informing you or obtaining your consent.