Menu
Welcome to elymarketing.com.au (the ‘Website‘). The Website allows you to browse products and services provided by ELY Marketing Pty Ltd (the ‘Services‘).
The Website is operated by ELY Marketing Pty Ltd (ABN: 78 675 981 674) t/a ELY Marketing. Access to and use of the Website, or any of its associated Products or Services, is provided by ELY Marketing. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing, and/or reading the Website, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
ELY Marketing reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ELY Marketing updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by ELY Marketing in the user interface.
The Website, the Services, and all of the related products of ELY Marketing are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by ELY Marketing or its contributors.
All trademarks, service marks, and trade names are owned, registered, and/or licensed by ELY Marketing, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
– use the Website pursuant to the Terms;
– copy and store the Website and the material contained in the Website in your device’s cache memory; and
– print pages from the Website for your own personal and non-commercial use.
ELY Marketing does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ELY Marketing.
ELY Marketing retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
– business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright, or
– a right to use or exploit a business name, trading name, domain name, trade mark, or industrial design, or
– a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process),
to you.
You may not, without the prior written permission of ELY Marketing and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
ELY Marketing takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to ELY Marketing’s Privacy Policy, which is available on the Website.
Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
– all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
– ELY Marketing will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of ELY Marketing make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ELY Marketing) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
– failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus, or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
– the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website);
– costs incurred as a result of you using the Website, the Services, or any of the products of ELY Marketing; and
– the Services or operation in respect to links which are provided for your convenience.
ELY Marketing’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that ELY Marketing, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
You agree to indemnify ELY Marketing, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
– all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;
– any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
The Services offered by ELY Marketing are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality of bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
—
By using the Website and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.