Website Terms of Use

This website is operated by imsglobal (we, our or us). It is available at www.imsglobal.agency and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms or use and our Privacy Policy (available on our Site) (Terms). Please read the terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by Publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct:

You must not do or attempt to do anything: that is unlawful: prohibited by any laws applicable to our Site: which we would consider inappropriate: or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading a private or personal information without an individual’s consent) or any other legal rights.
(b) using our Site to defame, harass, threaten, menace, or offend any person.
(c) interfering with any user using our Site.
(d) tampering with or modifying our Site, knowingly or transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses, or piracy or programming routines that may damage or interfere with our Site.
(e) using our Site to send or unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors:

You are prohibited from using our Site, including the content, in any way that competes with our business.

Information: The content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives, or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights:

Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content. You must not:

(a) Copy or use, in whole or in part, any Content.
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any user Content.

Third-Party Sites:

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the Content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers:

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date, and suitable for any particular purpose.
(b) access will be uninterrupted, error-free, or free from viruses; or
(c) our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability:

To the maximum extent permitted by law, we are not responsible for any loss, damage, or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of the Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete, or out-of-date.

Indemnity:

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these terms or applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination:

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes:

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternative method to resolve the Dispute, within 21 days after the receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance:

If a provision of the Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to be read down a provision (in whole or in part), that provision (or that part of that provision) is served from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction:

Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:
Integrated Marketing Solutions Pty Ltd ABN 91 109 507 799
Email: mark.mahoney@imsglobal.agency
Last updated 13 July 2021