Terms and Conditions ("Terms")

Last Revised: November 2, 2017

Thank you for visiting BDM Media’s website. You arrived at this Terms and Conditions from www.bdmmedia.com.au, referred to herein as “this website”.

ACCEPTANCE OF TERMS

These Terms and Conditions govern your use of this website. By accessing this website, or purchasing, downloading, installing or using BDM Media Pty Ltd’s services, you are acknowledging you have read and accept these Terms and Conditions.

These Terms and Conditions are subject to change by BDM Media Pty Ltd (hereinafter “Company”) at any time and at our discretion without notice by updating this posting. You must review this page on a regular basis to keep yourself informed of any changes.

Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use this website.

INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us at hello@bdmmedia.com.au

Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

LIMITATIONS ON USE

You must be at least eighteen (18) years old to access this website. If you are not at least eighteen years old, you are not permitted to access this website for any reason.

If you are provided a password to access this website, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.

After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Company immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Company shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

USE LICENSE OF DIGITAL DOWNLOADS

Permission is granted to temporarily download one copy of information, tools and resources on BDM Media Pty Ltd website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • attempt to decompile or reverse engineer any software contained on this website;

  • remove any copyright or other proprietary notations from the materials; or

  • transfer the materials to another person or “mirror” the materials on any other server.


This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Upon registration, you hereby acknowledge that by using Company to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you that you send through our network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

ORDER POLICIES

Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Company are provided as resources to customers looking for additional information and/or professional opinion. Company does not assume responsibility for the claims and/or representations made on these or any other websites.

By making a purchase on this website, and submitting your order, you are agreeing to pay the listed price in full. You authorize BDM Media Pty Ltd to charge your credit or debit card, or cash your check, as payment for your product or service. Furthermore, you agree that you are responsible for full payment of fees for your order, regardless of whether you actually use the product or all of the service hours purchased on retainer.]

RECURRING BILLING:

User understands and agrees that if you have been extended a generous payment plan option, your subscription for services is a recurring charge billed at the predefined intervals defined in your sale proposal.

Client hereby understands and agrees that if recurring payment is skipped, declined or late, all services will cease immediately until payments have been reinstated.

CANCELLATIONS:

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

RETURN & REFUND POLICY:

Client understands that payments made are not refundable.  Services are considered rendered at the time of payment, as extensive planning, strategizing, designing and setup has been delivered in advance that cannot be returned.

SHIPPING

Products shipped by Company may be shipped by any method in the discretion of COMPANY. A shipping charge may be imposed.

  • All orders require at least 24-48 hours processing time before shipping.

  • COMPANY does not process orders during weekends.

  • No deliveries will be made on Saturday or Sunday.

  • COMPANY does not guarantee same day shipping.

  • Exact delivery times to any location cannot be guaranteed.


SALES TAX

Goods and services tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within Australia will be charged GST.

THIRD PARTY REFERENCES / HYPERLINKS

This website may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.

We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Please refer to our Privacy Policy - https://www.bdmmedia.com.au/privacy-policy/ for more information.

INFORMATION YOU SUBMIT

You hereby warrant that any information you submit to Company through this website (via comments, forums, forms, groups, membership area, etc.) is owned by you and that you have the necessary authority to submit such information. You hereby grant Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to Company.

Company retains the right to display the artwork created for client in marketing materials to showcase their work and expertise.  Company also retains the right to share case studies of strategies implemented for client.  Company may use items in marketing materials, including but not limited to: website portfolios, videos, presentations, brochures, photographs, social media image galleries, articles, blogs, social media platforms, etc.  Client may request in writing to retain privacy and anonymity if they choose.

You further agree that you shall not submit or transmit any content through this website or to Company that is:

  • Obscene, vulgar, or pornographic;

  • Encourages the commission of a crime or violation of a law;

  • Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;

  • Infringes the intellectual rights of a third party;

  • Is otherwise offensive or inappropriate based upon the type of content and information provided by Company and/or third parties on this website;

  • Harass, stalk or otherwise abuse another user;

  • Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Site.

  • Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;

  • Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or

  • causing harm to minors in any manner whatsoever;

  • disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;

  • interfering with or disrupting any Company Services, servers and/or networks that may be connected or related to our website, including but not limited to the use of any device software and/or routine to bypass the robot exclusion headers;

  • providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the Australian government as a “foreign terrorist organization”;


Company reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in Company’s sole discretion, without liability or warning to you.

Company reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold Company harmless from any consequences or actions taken by Company in cooperation with such law enforcement investigation or court order.

CONTACTING US

If you need to contact us, you can email us at hello@bdmmedia.com.au call us at 1800 770 781 or send us a letter at: L1 / 132 Wickham St Fortitude Valley QLD 4006 

HOURS OF OPERATION

  • Customer Service Hours are 9am - 5pm Brisbane Time

  • Shipping Department Hours are 9am - 5pm Brisbane Time

  • Sales Department Hours Are 9am - 5pm Brisbane Time

  • We are closed for all Australian Holidays


DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

EARNINGS & INCOME DISCLAIMER:

The information contained in these Materials and Services are strictly for educational or informational purposes. The testimonials and examples used in our marketing materials are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including industry, services and products offered, competitive position in the marketplace, etc. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Company, you agree to defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this website or from your violation of the Terms and Conditions stated herein. 

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Company with respect to this website and supersedes all prior or contemporaneous communications between you and Company with respect to this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the Terms and Conditions of any agreement contained herein.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions.  These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.