Terms and Conditions
MacroDATA® Terms and Conditions
The following are the terms and conditions (the "Terms") for the use of the MacroDATA® web site (the "Site"), MacroDATA® Services “Services”, and related material.
1.General
With each visit to the Site you signify your agreement to these Terms. These Terms were last modified on 01 July 2024.
MacroDATA Digital Solutions Pty Ltd own the MacroDATA® trade name, brand and trademark and websites. Hereafter, MacroDATA® means MacroDATA Digital Solutions Pty Ltd.
MacroDATA® Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by MacroDATA® or the Site, including any portion thereof. MacroDATA® Services is defined as any MacroDATA® service.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or MacroDATA® Material or Services, including Consulting and Managed Services.
2.Use of MacroDATA® Material and MacroDATA® Services
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Generally
You agree not to use any MacroDATA® Material and MacroDATA® Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
Final Document is defined as the finished document created by MacroDATA as part of the Service Agreement.
You may end an agreement in the manner specified in the Service Agreement. MacroDATA® retains the right to cancel any sale or Service at any time, in which case you will only be charged for the time the sale was in effect. For services, that includes reasonable hours worked.
3.Legal Advice, Information and Decision-Making Responsibility
MacroDATA® is not a law firm and does not provide Legal Advice (as defined below). Your use of MacroDATA® Material or any MacroDATA® Services does not create a solicitor-client relationship between you and MacroDATA®.
You agree that MacroDATA® does not provide Legal Advice. If you receive any communication from MacroDATA®, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by MacroDATA® and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of MacroDATA® Material, and for obtaining any needed assistance from a properly licensed professional, such as a lawyer or accountant to assess the value of and appropriate uses for any MacroDATA® Material.
For the purposes of these Terms, Legal Advice is defined to include the following:
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any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
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advice on which legal document or documents you need or are best for your situation;
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determining the legal consequences that will or could result from how you have created your legal document;
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whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
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whether you have omitted any necessary provisions or details from your legal documents; and
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whether you require any additional legal documents or legal procedures.
4.Programs
MacroDATA® retains the right to make changes to its Affiliate Program or other programs as it sees fit.
Detailed Affiliate Program Terms and Conditions can be found at Affiliate Program Terms and Conditions
5.Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at and software source code, modify the software source code, post to an Internet web site, or use in an automated system any MacroDATA® Material nor will you utilize MacroDATA® Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use MacroDATA® Material and the Services as a customer.
Licenses granted are subject to these Tenns, and are non-exclusive, non-transferable, and revocable.
The rights granted under these Tenns are granted to you only.
MacroDATA® retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or MacroDATA® Material or MacroDATA® Services at its discretion.
6.Assignment
This agreement cannot be assigned.
7.Intellectual Property
All copyright, trademarks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of MacroDATA® Material belong to MacroDATA® and its suppliers. MacroDATA® reserves all of its rights in the MacroDATA® Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by MacroDATA® or any other third party except as expressly provided in these Terms.
In addition, MacroDATA® Material, contains information and intellectual property that is selected and organized by MacroDATA® and represents significant work made by MacroDATA®. Nothing in the Terms should be construed as granting any license or right to use any MacroDATA® Material or intellectual property displayed or used in any MacroDATA® Material except as expressly provided in the Terms.
You agree to the following:
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the MacroDATA® Material is the property of MacroDATA® and its suppliers;
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you will not use the MacroDATA® Material for any purpose other than is expressly permitted in these Terms;
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you will not distribute in any medium any MacroDATA® Material without MacroDATA® prior written authorization or as expressly provided these Terms.
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any distribution or past distribution of any MacroDATA® Material that violates these Tenns is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any material, including websites, which uses MacroDATA® Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
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MacroDATA® shall have the right to represent its suppliers in any dispute.
8.LIMITED WARRANTIES
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, MacroDATA® Material and MacroDATA® Services are provided "as is" without any kind of warranty.
You accept full responsibility for determining whether MacroDATA® Material and MacroDATA® Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of MacroDATA® Material and MacroDATA® Services, or for inaccessibility of MacroDATA® Material and MacroDATA® Services whether from errors or omissions in the content of MacroDATA® Material and MacroDATA® Services or any other linked materials or for any other reason. Use of MacroDATA® Material and MacroDATA® Services is at your own risk.
MacroDATA® does not represent or warrant that MacroDATA® Material, the Site or any linked sites are free of any harmful materials.
9.Maximum Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of MacroDATA® is the amount paid to MacroDATA® by the customer; however, where MacroDATA® has provided a service, the maximum liability of MacroDATA® for any MacroDATA® Services is the portion of the amount paid to MacroDATA® by the customer specifically for the MacroDATA® Services as calculated by MacroDATA®.
10.Guarantees and Refunds
All guarantees are subject to any limitations specified in any MacroDATA® Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in MacroDATA® Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from MacroDATA®, they waive their right to any additional claims against MacroDATA® regarding any Guarantee unless otherwise agreed to in writing. MacroDATA® has no obligation to refund one-time purchases.
The following additional restrictions apply to the Guarantees payments for mistakes:
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The mistake must be in the wording of the legal document and not in other text;
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The customer was the first person to mention that mistake for that Guarantee category;
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Guarantees only apply to MacroDATA® mistakes, not to customer mistakes; and
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We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.
A.Free Trial Refund Policy
The terms and conditions of the offer will govern any free trials. MacroDATA® has no obligation to refund for free trials properly converted to paid product access.
B.Annual Subscriptions and Renewals
MacroDATA® has no obligation to refund renewals unless you notify us before your renewal date that you want to cancel. Annual subscriptions are subject to a refund within 30 days of initial purchase.
C.Legal Guarantee
Subject to any limitations or maximums specified in any MacroDATA® Material including the specific guarantee amount, we will cover any damage a customer suffers in a legal judgment, as a result of a clear MacroDATA® mistake, to a maximum of $12,000 AUD.
D.Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $120 AUD. Other guarantees and refund commitments specified in MacroDATA® Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.
11.Client Privacy
You consent to MacroDATA® using your personal information according to its Privacy Policy that can be found at Privacy Policy.
12.Terms and Headings
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting MacroDATA® Material should it be judicially found that the conflicting MacroDATA® Material is legally relevant to this Agreement under law.
13.Indemnification
Except where prohibited by law, you agree to indemnify and hold MacroDATA®, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or MacroDATA® Material or MacroDATA® Services.
14.Governing Law
Except where prohibited by law, the Terms are governed by the laws of the Queensland, Australia. Except where prohibited by law, you irrevocably attorn to the exclusive jurisdiction of the courts of Queensland, Australia.
15.Binding Arbitration
Subject to exceptions specified herein, if you and MacroDATA® are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, MacroDATA® will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Brisbane, Queensland, Australia.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: MacroDATA® may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use Queensland Civil and Administrative Tribunal (QCAT) or Magistrates Court.
16.Class Action Waiver
You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
17.Modification of the Terms
Except that you must be informed in a reasonable manner regarding any pricing increase, MacroDATA® may, in its sole discretion, change these Terms at any time. Other Terms and conditions are only valid when signed in writing by an authorized MacroDATA® officer.
18.Severability
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
19.Waivers
No failure or delay, on the part of MacroDATA®, in exercising any right or power under these Terms will operate as a waiver of such right or power.
20.Whole Agreement
Except as explicitly set forth in this agreement, these Terms, the pricing displayed on a site or produced material, the provided Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and MacroDATA Digital Solutions Pty Ltd. notwithstanding any:
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MacroDATA® Material other than this Agreement,
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communication between you and MacroDATA®, including telephone, email and online chat assistance, or
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announcements, newsletters or promotional materials from MacroDATA®.
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Last updated 1st July 2024