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Terms of service

These Website Terms and Conditions apply to use of, and access to, https://marketday.life (“Domain”) and all associated pages, applications, and resources (“Marketday Website”).  If you do not agree with these Website Terms and Conditions you must not use or access any page, application, or resource accessible through the Marketday Website.

By using or accessing a page, application, or resource through the Domain you accept the following terms and conditions and enter into an agreement with Marketday Pty Ltd ABN 59 650 331 141 (“Agreement”).

In this Agreement there are terms and conditions that apply to specific functionality with the Marketday Website, or apply when you interact with the Marketday Website in particular ways.  An example of which is submitting information using the contact page.  The terms and conditions relating to use of the Marketday Website are contained in this document, which must be read in conjunction with: 

  • our Privacy Policy, which is available at https://marketday.life/privacy; and
  • each other document included by reference in these Website Terms and Conditions, if any.
    1. Definitions
      1. In this Agreement capitalised terms have special meanings. Please refer to the Glossary in section 17 for the meanings of these terms.
      2. Words such as "include", "including", "for example" "such as" and similar terms are not terms of limitation and do not limit the scope of the relevant subject.
    2. Term and termination
      1. This Agreement begins upon your acceptance of these Website Terms and Conditions and continues until terminated, or it otherwise ends in accordance with these Website Terms and Conditions.
      2. You accept the Website Terms and Conditions upon the earliest of the following events:
        1. you, or any device that you control, requests any Content from the Marketday Website;
        2. you, or any device that you control, receives Content from the Marketday Website;
        3. you access a page on, or related to, the Domain using a web browser or an App;
        4. Products or Services from us through the Marketday Website;
        5. you receive any Products or Services from us through the Marketday Website;
        6. you sign up for a User Profile and check the checkbox that indicates that you agree to the Website Terms and Conditions;
        7. you check any other checkbox that indicates that you agree to the Website Terms and Conditions;
        8. you otherwise access the Marketday Website, including without limitation through a third party website or application, as the case may be.
      3. This Agreement will automatically end upon the last of all of the following circumstances taking effect: 
        1. you cease to access our Content; 
        2. you no longer possess any of our Content; and 
        3. you do not have an active User Profile.
      4. This Agreement may be suspended or terminated in accordance with clause 13.
    3. Conditions of use
      1. We may vary these terms and conditions or impose new terms and conditions on your use of the Services or the Marketday Website at any time, by a notice published on your User Profile or on the Marketday Website, or otherwise by notice to you in accordance with your User Profile preferences. We may also change any policies incorporated by reference under this clause.
      2. We may add features or update the Services from time to time. You may be required to agree to additional terms or other requirements in order to use such additional features or Services. 
      3. Nothing in this clause 3 is to be read as limiting our rights in administering the Marketday Website, or methods that we may use to control the features available to you, or our provision of Services to you, through the Marketday Website.
      4. We may contact you by post, phone, sms, or email using the details that you provide to us from time to time.  Without limitation, we may contact you regarding marketing and promotions of our Products and Services (unless you request otherwise in writing); and we may contact you in relation to any order, or in relation to your User Profile, if any.
    4. Your obligations
      1. Positive obligations
        1. You must act in accordance with the policies or rules that we publish from time to time that relate to your use of the Services or the Marketday Website (such as content and publishing, data capture, sale of products and services and delivery, system communication, and merchant and payment processing). All of our rules and policies, if any, can be accessed at https://marketday.life/policies.
        2. You must notify us if you believe that your User Profile has been accessed without your authority.
        3. You must take reasonable measures to prevent any unauthorised person from accessing the Marketday Website, your User Profile, or any other Services we provide using your User Profile credentials.  You are responsible for any damage caused or fees incurred by any such person(s).
        4. You must allow us to make changes to your User Profile or Content that we deem necessary.
        5. You are responsible for the Content, integrity and conduct of your User Profile on the Marketday Website.
      2. Negative obligations
        1. You must not use your User Profile or the Marketday Website to upload, transmit, communicate, or record information about any other person.
        2. You must not upload or publish any Content that is unlawful, unsuitable for general viewing or consumption, obscene, defamatory, in breach of any advertising standards, or in breach of any person’s privacy or other human rights.  
        3. You must not:
          1. reverse engineer, reverse assemble or reverse compile the Marketday Website or any part of it;
          2. combine or incorporate the Marketday Website in any other program or system without our prior consent in writing;
          3. copy the Marketday Website, or any Content contained on it belonging to a person other than you, in whole or in part.
    5. Provision of Services through the Marketday Website
      1. Our provision of any Services to you through the Marketday Website is subject to the terms of this Agreement.
    6. Service limitations
      1. The Marketday Website is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free.  If you are having any difficulties accessing the Marketday Website or your User Profile, please check the following hosting status page: https://status.godaddy.com/
      2. The Payment Processor is a third party and we do not guarantee that this service will be continuous or error free.
      3. We are not responsible for support, back-ups, or disaster recovery, in any way.
    7. Sale and purchase of goods
      1. If we offer a pre-order for any of our Products, the expected lead time will be stated in the description or accompanying information for those Products. A purchase of such Product is subject to that lead time, and any delays which occur in the supply chain. 
      2. We only keep limited stock of our Products, and we may have your products made to order. For any product that is not in stock, the expected lead time relating to products on offer through the Marketday Website is at least 21 days from the date of our receipt of your payment for the order, unless specified otherwise.
      3. All our products are delivered by courier (unless we offer, and you choose another option during checkout), and the costs of delivery do not include insurance unless specifically stated otherwise in relation to the option you choose for delivery.
      4. We are not responsible for damage to products sustained during delivery.  If you receive a parcel from us that is damaged, please ensure that you have the courier note the damage, and where possible inspect the products before taking delivery of, or signing for them.  If you receive any products from us that are damaged, please contact us immediately at the contact details provided.
      5. Our Products come with written warranties, and your purchase of our Products are subject to the terms and conditions of our Warranty Against Defects, as applicable at the relevant time. Except as required by law, no other warranties apply to our products. We may exclude a product from our Warranty Against Defects by expressly noting on the Product and related materials that our Warranty Against Defects does not apply.
    8. Payment Processor
      1. We do not receive or store any credit card information through the Marketday Website. All credit card information is processed securely by the Payment Processor.
      2. If you do not want to use the Payment Processor to pay for our goods or services through the Marketday Website, you may request an alternative payment method by contacting us at info@marketday.life.  Fulfilment of any such request is at our sole discretion, and, we reserve the right to charge an administration fee for any such request.
    9. Reversed transactions
      1. If the Payment Processor reverses a transaction conducted on the Marketday Website, then you remain liable to pay for all fees and charges that were included in that transaction. You must also reimburse us for any additional fees and charges incurred by us relating to the reversal of any such transaction.
    10. Right to subcontract
      1. We may appoint employees, sub-contractors, or agents to provide some or all of the Services; and such entities are bound by the same obligations as us.  It is our responsibility to ensure such entities comply with this Agreement.
    11. Intellectual property
      1. Content and Third Party Intellectual Property
        1. You (or where applicable, the third party owner) retain ownership of all Content you upload to your User Profile, if any; and such rights are not assigned or transferred under this Agreement. 
        2. You grant us a perpetual, irrevocable, royalty-free licence to use, copy, modify or adapt the Content as reasonably necessary to perform our rights and obligations under this Agreement, including the right to grant sub-licences where reasonably necessary. 
        3. You warrant that you have full right, title and interest, or the legal right and authority, to grant the licence granted in clause 11.2, and that our use or modification of the Content in accordance with this Agreement will not infringe upon any third party Intellectual Property Rights.
      2. Marketday Website
        1. We own, or are licensed to use, all components of the Marketday Website.
      3. Grant of licence
        1. Subject to your continued compliance with these Website Terms and Conditions, for the duration of this Agreement we grant you a licence to use the Marketday Website as contemplated by these Website Terms and Conditions and any policy published by us from time to time. All such policies are incorporated by reference.
    12. Privacy
      1. We may use your contact details to promote new Services and Product offers to you from us or our affiliates, or to notify you about important changes to the Marketday Website, subject to our Privacy Policy which is incorporated by reference.
      2. Our Privacy Policy can be accessed at this link: https://marketday.life/privacy.
      3. We may change the terms of the Privacy Policy form time to time in accordance with this Agreement.  If you do not agree with the changes that we make to the Privacy Policy you may end this Agreement in accordance with clause 13 of this Agreement.  The provisions of the Privacy Policy in force at the time of your written notice will continue to apply until this Agreement is terminated.
    13. Suspension and Termination 
      1. Suspension
        1. We may conduct scheduled or mission critical maintenance of the Marketday Website during which time the Services may be interrupted.  We will give you reasonable notice of such maintenance where possible and make all reasonable efforts to keep any disruption to a minimum.
        2. We may suspend the Services and disable access to your User Profile at any time and give you a written notice of default if:
          1. you do not make any payment when due, or any payment is dishonoured or subject to chargeback; or
          2. we have reason to suspect illegal or unethical activity in relation to your data or Content; or
          3. in our reasonable opinion your Content, conduct, data, network, software or equipment may cause damage to any person or property; or
          4. you do not comply with any of the terms and conditions contained within this Agreement, including any of your obligations.
        3. If we suspend our Services to you, we may notify any Payment Processor in this regard, and you authorise us to receive any information from the Payment Processor about the status of your account, or any outstanding obligations, that you have with them, if any.
      2. Termination
        1. We may terminate this Agreement with 30 days written notice.
    14. Consequences of termination
      1. Upon termination of this Agreement for any reason, in addition to any other rights or remedies:
        1. we may immediately disable your access to the Marketday Website and take your User Profile offline;
        2. your licence to use the Marketday Website immediately ends;
        3. we may, but need not, keep all data and Content uploaded by you to the Marketday Website for our records;
        4. we may destroy any data and Content uploaded by you to the Marketday Website; 
        5. we may continue to send you information about our Services, and other marketing information; and
        6. a Party not in default may pursue any other rights or remedies available at law against a defaulting Party subject to clause 15.
  • Indemnity & limitation of liability
  • Indemnity
        1. You agree to release and hold Marketday Pty Ltd harmless against any action, proceeding, claim, demand or prosecution relating to any downtime, interruption, loss of data, or consequential loss of any kind whatsoever, whether directly or indirectly arising in connection with the Services.
        2. You release and indemnify, and agree to keep Marketday Pty Ltd indemnified against any action proceeding, claim, demand, or prosecution relating to:
          1. any breach of your warranties under this Agreement; and
          2. any loss or damage to persons or property (including data), caused by your Content.
  • Limitation of liability
      1. Subject to clauses 15.4 and 15.5, any liability of Marketday Pty Ltd for any loss or damage, however caused (including, without limitation, by the negligence of Marketday Pty Ltd), suffered by you in connection with this Agreement is limited to the amounts paid by you to Marketday Pty Ltd in relation to the Products and Services.
      2. Except as contemplated by clause 15.5, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth).
      3. If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Marketday Pty Ltd in connection with this Agreement and Marketday Pty Ltd’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 15.3 does not apply to that liability and instead Marketday Pty Ltd’s liability for such failure is limited to (at Marketday Pty Ltd’s election):
        1. in the case of a supply of goods, Marketday Website replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
        2. in the case of a supply of services, Marketday Pty Ltd supplying the services again or paying the cost of having the services supplied again.
      4. In this clause 15 a reference to consequential losses means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss.
  1. General
    1. Costs
      1. You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this Agreement.
    2. Currency and Taxation
      1. Unless otherwise stated, all monetary amounts are expressed in Australian dollars exclusive of GST. 
    3. Enduring Clauses
      1. The Parties’ obligations under Clauses 11, 12, 14, and 15 shall survive the termination of this Agreement for whatever reason.
    4. Entire agreement
      1. This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations or agreements in relation to the Services.
    5. Force majeure
      1. Neither Party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event.  Nothing in this clause excuses payment of money due.
    6. Jurisdiction
      1. The laws of the State of Queensland apply to this Agreement; and the parties submit exclusively to the courts of that jurisdiction.
    7. Relationship between the Parties
      1. Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the parties to deny any such relationship. 
    8. Representatives, Successors and Assigns
      1. You must not assign or novate this Agreement in whole or in part.
      2. We may assign or novate this Agreement in whole or part at our sole discretion.
    9. Severability
      1. If any provision of this Agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.
    10. Waiver
      1. Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights.
  2. Glossary
Defined term
    		 Meaning
      App
        		 A software application.
          Marketday, us, our, or we
            		 Marketday Pty Ltd
              Content
                		 Any information reduced to material form (including where such information is stored electronically), and includes without limitation any script, code, text, image, media, or content determinable through MIME and MIME type definitions, as the case requires.
                  Electronic Transaction
                    		 An electronic transaction conducted through the Marketday Website, including a payment made through any of the following methods::
                    • Credit Card;
                    • Debit Card;
                    • Prepaid payment card; or 
                    • Any other electronic payment method agreed by Marketday.
                      Intellectual Property Rights
                        		 All industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights.
                          Party
                            		 A party to this Agreement.
                              Payment Processor
                              		 A third party payment processor that facilitates Electronic Transactions on the Marketday Website.  At the date of these Website Terms and Conditions this service is provided by https://shopify.com 
                                Privacy Policy
                                  		 Our privacy policy, which is available at https://marketday.life/privacy 
                                    Product
                                      		 Any goods available for sale, or sold, on the Marketday Website.
                                        Services
                                          		 Any service delivered by Marketday through the Marketday Website. A reference to Services includes a reference to Products, unless specifically noted otherwise.
                                            User Profile
                                              		 A user account on the Marketday Website with a username and password that provides additional functionality and interaction with the Marketday Website.
                                                User, you, or your
                                                  		 The person accessing the Marketday Website.
                                                    Website Terms and Conditions
                                                      		 This document including any other document included by reference, if any.