Definitions and Interpretations
In these terms and conditions, the terms set out below have the following meanings:
- Intellectual Property Rights means all present and future intellectual property rights conferred by Statute, Common Law or equity in or in relation to any copyright, trademarks, business and works and product of intellectual activity in the commercial and industrial field.
- Product means a report generated or made available through the Service or any other product made available through our Service from time to time;
- Service means the service described as ‘Ad Cost Checker’ available via the Site, being the marketing and advertising costs comparison tool enabling users to generate reports derived from the database of user generated and other market data collected and maintained by Trinity P3.
- Site means AdCostChecker.com
- Trinity P3 means Trinity P3 Pty Ltd (ACN 091 197 287) of Suite 702, 53 Walker Street, North Sydney NSW 2060, Australia.
- you means a user of our Service.
- we, our and us means Trinity P3.
Nature of our Service
The nature of the Service, the Product ordering process and fees that are payable if you wish to order a Product are described in detail on our Site.
The description and requirements of the ordering process as described on our Site are incorporated into these terms and conditions as if set out in full.
Licence and Fees
We agree to provide you with a single licence to download, view, print, and use any Product ordered via our Service on the condition that you accept these terms and conditions and pay our fees in the manner required.
This licence is non-exclusive and is not transferable.
The licence begins on the day you receive your ordered Products and ends in accordance with these terms and conditions.
You agree and acknowledge that any data you provide to us via the Service will be combined with information gathered from other users and reported in aggregate (and in a de-identified form) to users of the Service from time to time.
You agree and acknowledge that the integrity and quality of information and the Products available via our Service depend on the accuracy of information submitted by users. You therefore warrant that any information you submit to our Service is truthful, accurate and not misleading in any respect.
Except as may be required by law and subject to the limitation of liability set out in these terms and conditions, we do not provide a warranty or condition (whether express, implied or statutory) that our Service or any Product will meet your intended purpose or requirement.
In relation to your use of our Service and the Products you order, you agree that:
- given the nature of the Service and its reliance on user submitted data, we do not and cannot warrant or represent the accuracy, currency or completeness of any information or material available via the Service;
- while we make every reasonable effort to provide a high quality service, we do not invite reliance on, or accept responsibility for, information made available to you via the Service;
- only you know the purpose for which you intend to apply a Product ordered through this Service and we are not responsible for the choice you make regarding the Product that you order;
- you must not copy any part of a Product for any purpose except in relation to the transaction for which it was ordered;
- you must not modify a Product in any way after it is provided to you;
- you must not incorporate any part of our Service or Products in any other program, system or database; and
- you must not represent that the Products ordered using this Service were created by your own resources, or those of a third party.
We are not responsible for your errors
Products you order are created as a result of the answers you give to the questions asked of you or other information you provide when using our Service.
You agree that you are fully and solely responsible for the information included in a Product as a result of the answers you give to the questions, or other information you provide, and that we are not responsible for any mistake that you make in understanding the questions or how to answer them or for any other information you provide in connection with this Service.
You agree to indemnify us in relation to any cost, loss, liability, or damage that any of you, or a third party, suffer(s) if:
- the Product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
- you do not answer all questions or fill all required fields completely and accurately;
- you make any amendments or other modifications to the Product after it is provided to you;
- or you breach these terms and conditions in some other way.
Limitation of Liability
You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
- replacing the Product you ordered through our Service;
- supplying an equivalent Product; or
- paying the cost of such replacement, supply or amendment.
You agree that:
- to the extent that we are not prohibited by law from limiting our liability, then our liability generally is limited in the same manner as contemplated by this clause, including in respect of any liability that arises as a consequence of our negligence;
- our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
- we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our Service.
This agreement will automatically terminate if you try to use our Service without having paid all relevant fees. We
can end the agreement incorporating these terms and conditions immediately without notice should you be in breach of
these terms and conditions.
You agree that we may, in our sole discretion, at any time terminate your access to this Service and any account(s)
you may have in connection with the Site.
Any Product ordered through our Service will be provided electronically to you as a download through this site.
Intellectual Property and Copyright
You agree that you do not acquire any property rights to any Product available or delivered via this Service, except that you are granted the right to use a Product ordered and completed through this Service as permitted by these terms and conditions.
We own or otherwise have the right to use the trademarks, logos, and service marks displayed on this Site (Marks).
You are not permitted to use such Marks without our prior written consent.
We reserve the right, at our sole discretion, to modify these terms and conditions in whole or in part, at any time. Please check this page regularly for changes.
Changes to these terms and conditions will be effective when notice of such change is posted on the Site. Your continued use of the Service after any changes are posted will mean you accept those changes.
We may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Service, at any time.
We may also impose limits on certain features and services or restrict your access to parts, or all, of the Site without notice or liability.
This agreement will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.
You agree that any action at law or in equity arising out of or relating to these terms must be filed only in the state or federal courts located in Victoria and you consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
None of these terms and conditions will be taken to be waived except by written notice signed by us.
If any part of these terms and conditions cannot be enforced for any reason, this will not affect the validity of the remaining terms and conditions which will continue to be in full force and effect.
These terms and conditions and the description of our Service set out above constitute the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.