Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to Marketing Squad (the ‘Website’). We provide Marketing Consultancy and Web Development services (the ‘Services’).
1.2. The Website is operated by
Access to and use of the Website, or any of its associated Products or Services, is provided by
2. Acceptance of the Terms
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
3.1. Where the option is given to you, you may make payment for the Services (the Services Fee’) by way of:
(a) PayPal (‘PayPal’)
(b) Direct Debit, or
(c) Electronic Funds
3.2. All payments made in the course of your use of the Services are made using Paypal and Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal and Stripe terms and conditions which are available on their website.
3.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
3.4. You agree and acknowledge that Delicioz Pty Ltd can vary the Services Fee at any time.
4. Refund Refund Policy
Policy Delicioz Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of
5. Copyright and Intellectual Property
5.1. The Website, the Services and all of the related products of
5.2. All trademarks, service marks and trade names are owned, registered and/or licensed by
(a) business name, trading name, domain name,
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) 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.
5.4. You may not, without the prior written permission of
7. General Disclaimer
7.1. 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.
7.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Delicioz Pty Ltd 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.
7.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or
(b) 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);
(c) costs incurred as a result of you using the Website, the Services or any of the products of
8. Limitation of liability
8.2. You expressly understand and agree that
9. Termination of Contract
9.1. The Terms will continue to apply until terminated by either you or by Delicioz Pty Ltd as set out below.
9.2. If you want to terminate the Terms, you may do so by:
(b) closing your accounts for all of the services which you use, where
Your notice should be sent, in writing, to
(a) you have breached any provision of the Terms or intend to breach any provision;
(c) the provision of the Services to you by
9.4. Subject to local applicable laws,
10.1. You agree to indemnify Delicioz Pty
(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or
(c) any breach of the Terms.
11. Dispute Resolution
11.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
11.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
11.3. Resolution: On receipt of that notice (‘Notice’’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 30 days of the Notice
(b) If for any reason whatsoever, 15 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in NSW, Australia.
11.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
11.5. Termination of Mediation:
If 3 months have elapsed after the start of
12. Venue and Jurisdiction
The Services offered by
13. Governing Law
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.
14. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties
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.