RMS & CONDITIONS
LAST UPDATED: 10TH OCTOBER 2018
TO MEET EU GDPR COMPLIANCE REGULATIONS
INTRODUCTION
These Terms and Conditions (“Terms”) describe how Activate Action Marketing Pty Ltd (the “Site”) regulates your use of the Site and the services it provides.
Important GDPR Compliance Notice.
If you are visiting our site from any EU country, in order to continue to browse this site according to the GDPR, you must agree to our Terms and Conditions and our Privacy Policy. Please, therefore, check the box and accept at the bottom of this page to continue.
Please read the following information carefully to understand our practices regarding your use of the Site. We may change the Terms at any time. We may inform you of the changes to the Terms using the available means of communication. We recommend you to check the Site frequently to see the actual version of the Terms.
If you represent a legal entity, you certify that you are entitled by such a legal entity to accept the Terms as the legal entity you represent.
1. PRIVACY POLICY
Our Privacy Policy is available on a separate page (If you are visiting this site from any country in the EU you will be directed to the Privacy Policy page after you have agreed to our Terms and Conditions below).
Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.
2. SERVICES
Activate Action Marketing Pty Ltd allows you to use Services available on the Site. You shall not use the services for illegal aims.
We may, at our sole discretion, set fees for using the Activate Action Marketing Pty Ltd services or content on the site. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their respective websites.
3. THIRD-PARTY SERVICES
The Site may include links to other sites, applications and platforms (hereinafter the “Linked Sites”).
We do not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. We make these links available to you for providing the functionality or services on the Site.
4. PROHIBITED USES AND INTELLECTUAL PROPERTY
We grant you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Activate Action Marketing services for unlawful or prohibited purposes. You may not use the Activate Action Marketing services in a way that may disable, damage or interfere with the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, and software used on the Site (hereinafter and herein before the “Content”). The Content is the property of ActivateActionMarketing.com or its contractors and is protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Activate Action Marketing services shall not entitle you to make any illegal and disallowed use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. We do not grant you any licenses to the intellectual property of Activate Action Marketing Pty Ltd.
5. SITE MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting Activate Action Marketing to use your Content in connection with the operation of Activate Action Marketing’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. We shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
6. DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Activate Action Marketing services may include typographical errors or inaccuracies. We shall not be liable for these inaccuracies and errors.
We make no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on the Site and services available from Activate Action Marketing Pty Ltd. To the maximum extent allowed by the applicable law, all such Content and services are provided on an “as is” basis. We disclaim all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, and fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall Activate Action Marketing be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, but not limited to, damages for loss of enjoyment, data, or profits, in the connection with the enjoyment or execution of the Activate Action Marketing services in the context of the inability or delay to enjoy the Activate Action Marketing services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, is prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Activate Action Marketing Pty Ltd, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy Activate Action Marketing’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We may assume the exclusive defense and you shall cooperate with Activate Action Marketing Pty Ltd in asserting any available defenses.
8. TERMINATION AND ACCESS RESTRICTION
Activate Action Marketing Pty Ltd reserves the right to discontinue access to any of our services or any part of those services, to anyone, at any time, without notice, for any reason.
Any and all previous Design, Programming, Setup, Submission, and Hosting Fees are Non-refundable.
Should you wish to terminate your account with us then you are solely responsible for properly cancelling your account. Account cancellation requests must be submitted in writing to support@ActivateActionMarketing.com.
Cancellations by phone or sent to any other email address will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
Activate Action Marketing Pty Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of any other Activate Action Marketing or Activate Mobile Marketing services, for any reason, at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all Content in your Account.
Modifications to the Service and Prices
Activate Action Marketing Pty Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Activate Action Marketing Pty Ltd shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Activate Action Marketing may issue an update to the Activate Mobile Marketing app service which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Activate Action Marketing will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
9. MISCELLANEOUS
The governing law of the Terms shall be the substantive laws of the country where Activate Action Marketing Pty Ltd is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and Activate Action Marketing as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of Activate Action Marketing’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with the applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and Activate ActionMarketing.com.
The Terms constitute the entire agreement between you and Activate Action Marketing Pty Ltd regarding the enjoyment of our services and the Terms supersede all prior or communications and offers, whether electronic, oral, or written, between you and Activate Action Marketing Pty Ltd.
Activate Action Marketing Pty Ltd and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond ActivateActionMarketing.com’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of ActivateActionMarketing.com’s control.
In case of controversies, demands, claims, disputes, or causes of action between ActivateActionMarketing.com and you relating to the Site or other related issues, or the Terms, you and ActivateActionMarketing.com agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good-faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where ActivateActionMarketing.com is set up.
10. COMPLAINTS
We are committed to resolving any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us at support@ActivateActionMarketing.com. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
11. CONTACT INFORMATION
We welcome your comments or questions about these Terms. You may contact us in writing at support@ActivateActionMarketing.com