Terms and Conditions
By using this website you are deemed to have accepted the below terms and conditions and policy, which govern the relationship with you in relation to this website. This Policy also applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
1. Definitions and interpretation
In this Policy, the following definitions are used:
• Data - collectively all information that you submit via the Website.
• Cookies - a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website.
• ‘Distil Marketing’ or 'us' or 'we' refers to the owners of the website you're currently viewing: www.distilmarketing.com.au
• ‘User’ or ‘you’ or ‘Viewer’ - any user or viewer that accesses the Website and is not either (i) employed by the owners and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to us and accessing the Website in connection with the provision of such services; and
• Website - the website that you are currently using, www.distilmarketing.com.au, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
• Content – this refers to the entire website.
In this policy, unless the context requires a different interpretation:
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this policy;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
f. the headings and sub-headings do not form part of this policy.
2. Scope of this Policy
This policy applies only to the actions of ‘Distil Marketing’ and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
4. Our Service
This website and services provided to you on and through our website on an "AS IS" basis. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. Subject to any terms implied by law, which cannot be excluded, in no event shall we be liable for any losses or damages, including incidental or consequential damages, resulting from use of the material.
We do our best to ensure that any information, data, services, articles and other content published from time to time on this Website ('Content') is accurate and complete. However, neither we nor our suppliers warrant that the Content is accurate or complete. Certain information on this Website may be provided by third parties and you acknowledge that neither we nor our suppliers have any control over the accuracy or completeness of such third party data. It is a condition of use that you do not rely upon the information and resources provided on this website as suitable for your intended use.
6. Third Party Websites
You are reminded that when you enter a Third Party Website by means of these links from this Website, you will be subject to the terms and conditions of the Third Party Website you are entering. Similarly, when you enter this Website by means of links from a Third Party Website, you will be subject to this policy. Links to Third Party Websites are provided for your convenience only. You acknowledge and agree that we are not responsible or liable in any way for the information or content displayed on such Third Party Websites and we do not endorse products and services that are advertised or promoted.
You should be aware that when you use our websites or mobile sites, we collect information by using 'Cookies'. To make this site work properly, we sometimes place small data files called cookies on your computer or mobile device. Most websites that you visit will also do this.
What are Cookies and how do they work?
A Cookie is a small text file that a website saves on your computer or mobile device when you visit it. Cookies enable the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number. Any information collected via cookies is completely anonymous.
This Website may place the following Cookies:
Analytical Cookies. Analytical cookies allow us to recognise and count the number of visitors to this website, to see how visitors move around the website, and to record which content users view and are interested in. This helps us to determine how frequently specific pages and advertisements are visited and to identify the most popular areas of the website.
Functional Cookies. Functional Cookies are used to recognise you when you return to our website, which then enables us to personalise content for you.
Third Party Cookies. Third Party Cookies record your visit to this website, the pages you visit and the links you follow. We use this information to make our website and the advertising displayed more relevant to your interests. We may also share this information with third parties for this purpose. These cookies can be Analytical Cookies or Functional Cookies.
How to Control Cookies
You can control and/or delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
You can enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with Distil Marketing, this website or service, your provision of Content, your violation of this Policy or any other violation of the rights of another person or party.
9. Disclaimer of Warranties
You understand and agree that your use of this website and any services or content provided is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download.
10. Limitation Of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through Distil Marketing, (iii) unauthorised access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the service, or (v) any other matter relating to the service. Each user waives and releases the website and its agents, employees and service providers to the full extent permitted by law from any and all claims relating to the usage of material or information made available through this website.
11. Reservation Of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
12. Transfers outside of Australia
Data which we collect from you may be stored, processed in and transferred to countries outside Australia. For example, this could occur if our servers are located in another country or one of our service providers is situated in another country. If we transfer Data outside of Australia in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this policy. You expressly agree to such transfers of Data.
(i) In the event that this Policy conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Policy will remain valid and intact;
(ii) The failure of either party to assert any right under this Policy shall not be considered a waiver of any that party's right and that right will remain in full force and effect
(iii) We may assign our rights and obligations under this Policy and we shall be relieved of any further obligation.
Subject to the provisions of this Policy, we may use accumulated data for different purposes, including but not limited to marketing analysis, service evaluation and planning. This Policy is devised to help you feel more confident about the privacy and security of your personal details whilst interacting with this website. We may at any stage collect the following Data, which includes personal Data, from you:
- Contact Information such as email addresses and telephone numbers;
- Demographic information such as post code, preferences and interests;
- Business Information such as your business plans;
- Financial information such as credit / debit card numbers;
- IP address (automatically collected);
- Web browser type and version (automatically collected);
- Operating system (automatically collected);
- A list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
in each case, in accordance with this Policy.
Our Use of Data
- Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.
- We are committed to ensuring that any information that we do collect is secure. We do our best to protect your personal Data, but you must be aware that transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.
- Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
in each case, in accordance with this Policy.
15. Updates To This Policy
This Policy may be updated from time to time so you may wish to check it each time you submit personal information to this website. To update the policy, we will both post the changed version and its effective date at this page of our Policy.
Updated: 14th December 2017