General Terms and Conditions of Use
Last updated 25 August 2020
You confirm that you have read, and that you agree with, our General Terms and Conditions. If you have not read, or if you do not accept, our General Terms and Conditions, you are not authorised to use our Website or our Products and Services.
These General Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current General Terms and Conditions.
1. Operation of the Website and our Products and Services
1.1. The Website is a venue where we advertise and provide our Products and Services.
1.2. MARKETING ON DEMAND provides the Products and Services with an aim to help you develop robust marketing to support your business objectives, and engage your audience. Using a combination of the Products and Services, MARKETING ON DEMAND can help you create marketing strategies, marketing plans, tactics and action plans.
1.3. The success of our Products and Services ultimately depends on your engagement. The more you put into it the more you will get out of it. Either way, we are not ultimately responsible for the success of your marketing activities that you undertake as a result of our Products and Services, as you ultimately control those activities.
2. Account and Accessibility of Products and Services
2.1. Most of our Products and Services are readily available on our Website.
2.2. For some of our Products and Services you must:
a. agree to our Client Terms and Conditions before accessing the Products and Services; or
b. register as a Client and agree to our Client Terms and Conditions as part of this process and before accessing the Products and Services.
2.3. You must be over 18 years of age to access our Products and Services and to register as a Client and you agree you can form a legally binding contract that is enforceable against you under applicable law.
3. Use of the Website and MARKETING ON DEMAND Content
3.1. When using the Website or MARKETING ON DEMAND Content, you agree you will not use the Website or MARKETING ON DEMAND Content in any manner that is unlawful or prohibited by the General Terms and Conditions.
3.2. Without limiting clause 3.1, you agree you will not (directly or indirectly):
a. hack into any part of the Website or MARKETING ON DEMAND Content through password mining or other means;
b. commit or encourage a criminal offence;
c. defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
d. disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
e. impersonate any other person, or forge any material in order to disguise the origin of any MARKETING ON DEMAND Content or communications sent through the Website;
f. transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
g. attempt to modify, reverse engineer or reverse-assemble any part of the Website or MARKETING ON DEMAND Content;
h. breach any applicable laws or regulations; or
i. engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the General Terms and Conditions or Client Terms and Conditions or is otherwise inappropriate for the Website.
3.3. Without limiting clauses 3.1 and 3.2, you agree you will not provide to us or post or transmit any MARKETING ON DEMAND Content on the Website or any website linked to the Website that:
a. is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
b. is or is reasonably likely to be unsuitable for persons under the age of 18 years;
c. infringes the IP Rights of any person;
d. infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any third party;
e. is incorrect or inaccurate;
f. is false or misleading or deceptive;
g. contains any virus (including malware or spyware) or other destructive component;
h. is prohibited by or violates any applicable laws or regulations; or
i. otherwise breaches the General Terms and Conditions or Client Terms and Conditions.
3.4. We reserve the right to remove or delete any MARKETING ON DEMAND Content which we reasonably believe breaches the requirements set out in clause 3.3.
4. MARKETING ON DEMAND Content and IP Rights
4.1. You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the MARKETING ON DEMAND Content. No MARKETING ON DEMAND Content may be copied, modified, reproduced, published or transmitted without our prior written consent.
4.2. You may view or otherwise use MARKETING ON DEMAND Content, provided:
a. you do not share it with anyone else;
b. you only use it for the purpose for which it was provided to you, i.e. for your own educational purposes; and
c. you otherwise only use it in compliance with these General Terms and Conditions.
4.3. Your use of the Website or the Products and Services does not provide you with any IP Rights in relation to the Website or the MARKETING ON DEMAND Content.
5. Links to Third Party Sites
5.1. The Website may include links to Third Party Sites. If you visit a Third Party Site, you will be subject to the terms and conditions of that website and any dealing will be solely between you and that Third Party Site. These links do not imply our endorsement of that Third Party Site or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
5.2. The Website may be linked to various social networking sites. You acknowledge and agree that:
a. any comments or content that you post on such social networking sites though a link provided on the Website are subject to the terms and conditions of the social network site that you post the comments or content on; and
b. we are not responsible or liable for any comments or content you or others post on social networking sites.
6.1. We do not warrant or guarantee:
a. the accuracy or correctness of the MARKETING ON DEMAND Content on the Website;
b. that the MARKETING ON DEMAND Content will be free from viruses (including malware or spyware) or other destructive properties; or
c. that the operation of the Website will be uninterrupted or error free, and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the MARKETING ON DEMAND Content on the Website lies with you.
6.2. The Website may contain content that is developed and/or provided by third parties. We:
a. do not endorse or warrant any third party content used, displayed or available on the Website; and
b. take no responsibility for the third party content and any representations made.
7.1. You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:
a. any transactions with any Third Parties, including Third Party Sites;
b. your breach of any of the General Terms and Conditions;
c. any reliance by you on MARKETING ON DEMAND Content or any other content on the Website or any link to a third party website; or
d. any technical errors or corruption of data on the Website.
8. Changes to Website
8.1. We may at any time without notice remove, amend and/or vary any of the MARKETING ON DEMAND Content on the Website or cease operating the Website in whole or in part.
9. No Waiver
9.1. No failure or delay by us to exercise any right or remedy provided for under the General Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.
10.1. We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these General Terms and Conditions to any person or party. You may not assign or transfer any of your rights or obligations under these General Terms and Conditions to any other person without obtaining our prior written consent.
11.1. If any portion of these General Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
12. Third Parties
12.1. These General Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.
13. Applicable Law
13.1. These Client Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.
13.2. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
14.1. No variation of these General Terms and Conditions will be effective unless it is in writing.
15. Further Information
15.1. If you require any further information, or if you have an issue or complaint, please contact us using the contact us form on our Website.
16.1. UNLIMITED TALENT LIMITED, trading as MARKETING ON DEMAND (MARKETING ON DEMAND) is the owner of the Website, business and related IP Rights, and provider of the Products and Services. MARKETING ON DEMAND may also be referred to as “we”, “our”, “us” or “it” in any correspondence with you and throughout any page of the Website, including the General Terms and Conditions.
16.2. You, as a User of our Website and Products and Services, may be referred to as “you”, “User”, or “Client”.
16.3. Client means a User who is required to agree to the Client Terms and Conditions.
16.4. In the General Terms and Conditions, the following words have the meanings set out below:
IP Rights means any trade marks, copyright and all other intellectual property rights.
MARKETING ON DEMAND Content means any text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material or data on the Website or provided to you as part of our Products and Services, including course materials, guides, workbooks, worksheets, brochures, emails, quizzes, articles, blog posts, e-books and podcasts.
Products and Services means the products and services advertised or provided on the Website, including:
a. online training courses and related MARKETING ON DEMAND Content or one-on-one coaching related to marketing (Training or Coaching);
b. DIY tools that allow you to complete marketing activities and actions;
c. MARKETING ON DEMAND Content; and
d. Related Products and Services.
Related Products and Services means additional products and services that we may offer or provide from time to time.
Third Party means any party that is not a party to these Client Terms and Conditions (i.e. is not you or us).
Third Party Sites means any Third Party website, site or page (including social media sites and pages).
User means any user of the Website.