MARKETHATCH TERMS OF USE

Markethatch is a business which provides transparency around your marketing needs online. In order to provide you with the best user experience and protect your interests and the interests of other members on our Site, App, or any of our social media pages, we require all users of the Site and/or App or any of our social media pages to comply with the following Terms of Use and the Privacy Policy.

In these terms and conditions, "us", "we" or "our" means Donflinn Investments Pty Ltd ACN 617 574 204. It is important to us that you understand these terms and conditions which relate to your use of www.markethatch.com.au and the App (the "Site &/or App"). If you have any questions, please contact us via the Contact Us page.

1. Agreement

By accessing and using the Site &/or App, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Site &/or App relating to your use of the Site &/or App ("Terms of Use").

We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Site &/or App. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Site &/or App or any of our social media pages after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of the Site &/or App or any of our social media pages, your only remedy is to immediately:

  • discontinue your use of the Site &/or App or any of our social media pages; and/or
  • terminate your membership in accordance with the Terms of Use.

2. Membership and subscription

You must be at least 18 years old to become a member of the Site &/or App. You must not attempt to register if you are under 18 years old.

When registering as a member of the Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Site &/or App.

As a member of the Site &/or App, you are permitted to create one profile for yourself on that Site &/or App. You must not create multiple member profiles or fake member profiles on the one Site &/or App.

All personal information you provide to us will be treated in accordance with our Privacy Policy.

3. Termination and suspension

You may terminate your membership of the Site &/or App for any reason only by providing notice to us. You can provide notice of termination by:

  • selecting 'cancel account' within your Account settings and following the instructions;
  • mailing it to our postal address listed on the Contact Us page; or
  • emailing us via the Contact Us page.

We reserve the right to, without limitation, do any or all of the following in relation to your membership:

  • suspend your membership;
  • permanently or temporarily hide all or part of your member profile;
  • modify your member profile;
  • terminate your membership for any reason by providing notice to you by email;
  • terminate your membership immediately without notice to you if you have committed a breach of the Terms of Use;
  • deactivate your membership if you have not used the Site &/or App for a period of 12 months or more (from the date of last use); and/or
  • permanently or temporarily block your access to all or part of the Site &/or App.

4. Service and features

You may become a member of the Site &/or App at no cost.

As a member, you will also have the ability to access features and services available on the Site &/or App (such as communicating with other members, subscription services or any chargeable service or feature that becomes available from time to time).

To make purchases online, you must be a member. We will charge you fixed fees for packages, bundles and individual items, and we reserve the right to change these fees from time to time without notification to you.

We will provide you with a quote for the fixed fee products and/or services you request and this quote will remain valid for a period of 10 days from the date the quote is issued to you.

You agree to pay a 50% deposit for all products and packages ordered and this includes any GST payable on the package and any addons to the package.

In the event that we are unable to deliver

We do not provide any warranties, other than those reuqiredrequired of us under the Australian Consumer Law. You are not entitled to a refund for change of mind.

In the event you do change your mind:

  • Where the products are not yet complete, we are entitled to compensation for any costs we have incurred and any work we have already performed up to the date of termination of our agreement and you also agree to forfeit a further 10% of the whole project fee noted in the Client Scope as an administrative fee to cover our costs incurred in marketing and onboarding with you (provided this administrative fee does not cause for the total cost of your project to exceed the agreed amount in the Client Scope;
  • Where the products have already been completed, you must pay the full amount for the products as detailed in the Client Scope;
  • Provided you have complied with clause 7.1 or 7.2 above as relevant, we will work with you to make changes to the Client Scope so that the products will meet your new expectations and requirements, provided you agree to pay the additional costs incurred in making those changes, with such costing being agreed, and an additional deposit paid, prior to any work commencing on the products.

All purchases, postage and insurance costs are to be paid for by you prior to any physical products being shipped. For digital products, full payment is required prior to use making a website live, or providing access to your social media pages or any logos or products via the online portal or email.

All intellectual property rights for the products which are capable of transfer to you, will vest in you upon your full payment of any and all costs agreed in the Client Scope, and as amended in accordance with clause 7.

Risk passes to you upon your payment of any products. Therefore, you are responsible for any damage incurred during shipping and you elect to take out insurance cover or otherwise at your own risk. To the extent permitted by law, we disclaim any liability for items damaged after risk has passed, where the goods are not insured, or fall outside the scope of the insurance policy.

Where you make purchases online, you agree to abide by the terms of use of the payment gateway or facility that we use to facilitate such payments. We are entitled to pass on the fees for your use of the payment gateway or facility and any credit card surcharges relating to your purchase. In the event that you do not wish to pay fees of this nature, you will not be able to make a purchase online.

the extent permitted by law, we do not warrant that the products will be fit for purpose or of a particular merchantable quality. We do not facilitate refunds from the third party supplier for change of mind so please choose carefully.

We offer a 30 day warranty on all development projects. This warranty commences from delivery of the development project to you upon all payments having been made by you, and does not include any amendments for change of mind, noting any changes to the Client Scope is to be dealt with strictly in accordance with clause 7. The warranty for development projects purely covers any glitches in the project or elements of the project which vary more than 10% from what was agreed in the Client Scope. Any additional functionality requirements will be treated as a change of mind and you agree to work with us to amend the Client Scope and pay for any necessary amendments prior to commencement.

You understand that we cannot always perform to timeframes we propose for your project and delivery of your products and packages, and delay does not provide you with any termination rights nor afford you any compensation from us. You agree that you will work diligently with us and any third parties we engage on your behalf, to minimize delays in project and product completion caused by you in providing feedback and further instructions.

Further details and any additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site &/or App. Any such additional terms and conditions form part of the Terms of Use.

Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Site &/or App or terminate your membership in accordance with the Terms of Use.

In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.

While we use reasonable endeavours to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any service or feature of the Site &/or App in whole or in part any time.

You understand that for some products and/or services, we may be not a supplier but an intermediary buying agent for you. As such, you agree to hold us harmless and indemnify us against any costs, claims, liability, legal action and any issues caused (including any consequential loss) as a direct or indirect result of your purchasing products from third parties suggested to you through our service. Although we will provide you with reasonable customer assistance where a third party dispute arises, we are in no way liable for the actions and/or any loss caused by a third party, and by using our service, to the full extent permitted by the law, you agree that you will not join us in any claim or seek compensation from us at any point of time. We agree to facilitate returns for defective goods, however will not be liable for the value of the defective goods, as your contract of purchase will be directly with the third party supplier.

5. Secure access

You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

We may at any time request a form of identification to verify your identity and/or your compliance with the Terms of Use.

6. Content

You agree not to derogate us or any associate or affiliate of ours at any time. If you have an issue with any of our products, pricing, project delivered or undelivered, our team members, associates or affiliates, or any other issue, you agree to discuss this with us directly to seek a resolution. We in turn agree to discuss any issues directly with you to support our relationship with you as a long-term business partner.

Any images, sounds, or text (Content) that you transmit or post on the Site &/or App, or any of our social media pages, or otherwise transmit to any other member of the Site &/or App or any of our social media pages by any other means, must be complete and accurate.

You agree not to post or transmit on the Site &/or App, or any of our social media pages or otherwise transmit to any other member, Content that:

  • is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • is false or misleading in any way;
  • infringes the rights of any third party;
  • you do not have a right to make available under any law or contractual obligation;
  • is sexually explicit or contains sexual references / innuendo;
  • pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
  • contains restricted or password only access pages, or hidden content; or
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

Without limiting the above, you must not transmit or post on the Site &/or App, or any of our social media pages or otherwise transmit to any other member of the Site &/or App or any of our social media pages by any other means, any images that contain:

  • images of any person other than you (without their consent);
  • material, cartoons, pictures or text that is offensive or potentially likely to offend, discriminate, defame or cause social concern; or
  • nudity.

You are solely responsible for Content that you transmit or post on the Site &/or App, or otherwise transmit to any member of our Site &/or App or any of our social media pages by any other means.

We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the Site &/or App or any of our social media pages, or otherwise transmitted to any member of the Site &/or App or any of our social media pages by any other means, by any person.

We reserve the right, but have no obligation, to review Content transmitted or posted on the Site &/or App or any of our social media pages, or (where possible) otherwise transmitted to any member of the Site &/or App or any of our social media pages by any other means.

Without limiting your responsibilities under the Terms of Use, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person.

We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Site &/or App or any of our social media pages, or otherwise transmitted to any other member of the Site &/or App or any of our social media pages by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on the Site &/or App or any of our social media pages, or otherwise transmitted to any other member of the Site &/or App or any of our social media pages by any other means.

7. Use of the Site &/or App and prohibited activities

1. You agree not to use the Site &/or App or any of our social media pages (or contact any other member of our Site &/or App or any of our social media pages) to:

  • defame, abuse, harass, stalk, threaten or otherwise offend others;
  • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
  • impersonate or create a profile for any person or entity;
  • promote, or provide information about, illegal activities or conduct;
  • promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
  • exploit any person under the age of 18, or to solicit information from anyone under 18; or
  • solicit money, passwords or personal information from any person.

You also agree not to

  • use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site &/or App;
  • "frame" or "mirror" any part of the Site &/or App without our prior written authorization;
  • use code or other devices containing any reference to the Site &/or App to direct other persons to any other web page;
  • except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site &/or App or cause any other person to do so.

The Site &/or App and our social media pages are for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The Site &/or App must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Site &/or App or any of our social media pages is prohibited.

We have no obligation to monitor any member's use of our Site &/or App or any of our social media pages, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

8. Safe interaction, complaints and disputes

Unfortunately, it is possible that other members may use the Site &/or App or our social media pages in violation of the Terms of Use. For example, it is possible that another member may post or transmit Content that is obscene or offensive, or use the Site &/or App or any of our social media pages to harass you.

We urge you to be cautious when interacting with other members of the Site &/or App or any of our social media pages. You should carefully select the Content that you post or transmit. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post will be considered non-confidential.

If you are experiencing problems with any other member of the Site &/or App or any of our social media pages and would like to make a complaint, please send us an email via the Contact Us page.

We may record and store any information relating to any complaint made against you.

We reserve the right, but have no obligation, to monitor disputes between members of the Site &/or App or any of our social media pages.

You agree to hold us harmless in connection with any dispute or claim that you make against any other member of the Site &/or App or any of our social media pages.

9. Intellectual property

We own and retain all proprietary rights in and relating to the Site &/or App or any of our social media pages. Proprietary rights in and relating to the Site &/or App or any of our social media pages must not be used in any way without our prior written consent.

You warrant that any Content that you post or transmit on the Site &/or App or any of our social media pages, or otherwise transmit to any other member of our Site &/or App or any of our social media pages by any other means, will not infringe the intellectual property rights of any third party.

Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.

No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on our Site &/or App, or any of our social media pages or otherwise transmitted to any member of our Site &/or App or any of our social media pages, other than their own Content, without the express written permission of the relevant owner.

If you believe that any Content has been posted or transmitted on the Site &/or App or any of our social media pages, or otherwise transmitted to any member of our Site &/or App by any other means, in violation of your rights, please send us an email via the Contact Us page.

10. External activities

From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).

External Activities may be subject to separate terms and conditions.

You acknowledge that you participate in any External Activities entirely at your own risk.

In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.

In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

11. Third party websites and advertising

From time to time, the Site &/or App or any of our social media pages, may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App or any of our social media pages and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site &/or App or any of our social media pages, entirely at your own risk.

From time to time, the Site, &/or App and social media pages may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

12. Limitation of liability and indemnity

You acknowledge that you use the Site &/or App and our social media pages at your own risk.

You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App, or any of our social media pages or any other members' or third party suppliers’ use of or conduct in connection with the Site &/or App or any of our social media pages, in any circumstance.

You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site &/or App, or any of our social media pages including any breach by you of the Terms of Use.

To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Site &/or App or any of our social media pages. In particular, we do not make any representations or warranties that the Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site &/or App or any of our social media pages.

To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site &/or App or any of our social media pages purchased by you during the term of your membership.

In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

13. General

No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site &/or App.

The Terms of Use represent the entire agreement between you and us regarding your use of the Site &/or App or any of our social media pages.

If any provision of the Terms of Use is held to be invalid, the remainder of the Terms of Use shall continue in full force and effect.

You agree that the Terms of Use will be governed by the laws of Queensland.