Last Updated: September 28, 2023
Welcome to www.themartec.com (our “Platform”). These Terms of Service (the “Terms”) constitute a legal agreement between you and Martec Content Cloud Trading Pty Ltd (ABN 18 669 596 132) Trading as The Martec (referred to as “The Martec”) governing the use of our Platform and our Services.
Terms And Conditions
- The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
- Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.
- By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
3.2. you shall ensure that all Users of your Account abide by these Terms.
- You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
- We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform.
- We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated platforms (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
- Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated platforms to advertise, promote or market any products or services of any third party or yourself.
Use of the platform
- You acknowledge and expressly accept that your use of the platform is your sole responsibility.
- You are responsible for making all arrangements necessary for you to access the platform. You are also responsible for ensuring that all persons accessing the platform through your internet connection are aware of these Terms and any special terms and conditions and comply with them accordingly.
- We implement reasonable security measures sufficient to check for the presence of viruses. However, you should be aware that existing security measures for computer systems on the Internet are not fully trustworthy and that accordingly we cannot guarantee the absence of viruses or other items that may contain modifications to your computer systems (hardware and software) or within your systems.
- All Content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Martec, our affiliates or other relevant third parties. By continuing to use the Platform you acknowledge that such material is protected by applicable Australian and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by The Martec.
- You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
- Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
- You acknowledge that you have no right to have access to our Platform in source code form.
- You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.
- If you print off, copy, or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
Account and Password
- The Services are provided to you via a dedicated account on the platform, pursuant to which you will create a unique user-id and password.
- You are responsible for keeping your user-id and password confidential. You are also responsible for any use of any account that you have access to, whether or not you authorised the use. You will immediately notify us of any unauthorised use of your accounts.
- You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
- We don’t have access to your current password, and for security reasons, we may only reset your password to do so please contact us.
- Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our Platform.
- If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Platform. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:
1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
2. on the renewal date of the subscription period thereafter, without any further action by you.
- Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Platform or any of the Services.
- Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
- You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
- All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
- We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
- Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our Platform, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
- We may at our sole and absolute discretion, offer a refund of Fees for a particular subscription period where no actions have been taken in respect of your Account during that subscription period and you have notified us in writing of your intention to terminate your subscription within three (3) days of the due date for payment for that subscription period.
- The Martec grants You a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Platform solely as necessary for you to use the Service; and
1.1. you will not (and You will not allow any third party to)
1.2. copy, modify, adapt, translate or otherwise create derivative works of the Platform;
1.3. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform, except as expressly permitted by the law in effect in the jurisdiction in which you are located;
1.4. rent, lease, sell, assign or otherwise transfer rights in or to the Platform, or the Service;
1.5. remove any proprietary notices or labels on the Platform or placed by the Service;
1.6. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Platform.
- We are under no obligation to verify the accuracy of the Content, and we do not warrant the usefulness, accuracy, completeness, or relevance of the Content and/or that such Content is current. We expressly exclude any and all liability for errors or omissions in relation to the Content and the platform. An exception to this is where there has been an act of fraud or fraudulent misrepresentation on our part or is related to death or physical injury resulting from our negligence.
- The content of this platform does not in any way constitute the provision of recruitment services or any other type of service. The Martec expressly disclaims any and all liability for any decisions you may have made based on the Content.
Uploading content to our Platform
- You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.
- We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
- We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
- We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the standards set out.
- You may use our Platform only for lawful purposes. You may not use our Platform:
1.1. in any way that breaches any applicable local or international laws or regulations;
1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
- You also agree:
2.1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
2.2. not to access without authority, interfere with, damage or disrupt:
2.3. any part of our Platform;
2.4. any equipment or network on which our Platform is stored;
2.5. any software used in the provision of our Platform; or
2.6. any equipment or network or software owned or used by any third party.
- Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
1.1. save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the Platform, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
1.2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
1.3. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
1.4. to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
1.5. to comply with all applicable technology control or export laws and regulations; and
1.6. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
Limitation of Liability
- We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Third Party’s Advice, is at your sole risk.
- We do not assist with dispute resolution between any you and any Third Party and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Third Party. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Platform or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
- You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other platform or software) for:
3.1. loss of profits, sales, business, or revenue;
3.2. business interruption;
3.3. loss of anticipated savings;
3.4. loss or corruption of data or information;
3.5. loss of business opportunity, goodwill or reputation; or
3.6. any other indirect or consequential loss or damage.
- Nothing in these Terms shall limit or exclude our liability for:
4.1. death or personal injury resulting from our negligence;
4.2. fraud; and/or
4.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
- Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
- These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- You agree that, if you have provided The Martec with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to The Martec and (b) that you have brought to the attention of any such third party the Privacy Notice available on the The Martec’s platform or otherwise provided a copy of it to the third party. You agree to indemnify The Martec in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Other important terms
- We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
- These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Australia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.