The TMA COMMS website and any related site (the Site) is owned and operated by TMA COMMS PTY LTD (ACN 167 961 659) (TMA COMMS).
By accessing or using the Site or services, you agree to be bound by the following terms and conditions of use (Terms).
TMA COMMS provides the information and services on the Site in accordance with these Terms together with any additional terms, conditions, notices or disclaimers placed on the Site from time to time. Your access to and use of the information, materials and services provided on the Site is conditional upon your acceptance and compliance with these Terms.
TMA COMMS reserves the right to amend, modify, add to or delete any of these Terms from time to time, including but not limited to the charges associated with any of the services provided by TMA COMMS, and such modifications shall be effective immediately upon posting of the modified terms or charges on the Site.
3. Additional terms on this Site
In addition to these Terms important notices have been posted on the Site. Your use of the Site means that you also accept the terms, conditions, notices, disclaimers and policies posted on the Site. TMA COMMS reserves the right to modify these notices at any time.
4.Third party content and links
TMA COMMS is not responsible for any third party content, external websites, networks, advertisements, directories, software, servers, products and services, databases, information systems and the internet as a whole (Third Party Content) which you may access from the Site or which is linked to the Site from time to time.
TMA COMMS accepts no responsibility nor liability for promotions shown or advice given in Third Party Content and cannot be held liable for any loss or damage incurred as a result of reliance on any Third Party Content. TMA COMMS provides Third Party Content and links to you for convenience purposes only, and the inclusion of any Third Party Content or link does not imply endorsement by TMA COMMS of the site or any association with its operators.
5. Software licence
TMA COMMS grants you a non-exclusive, revocable, non-transferable licence to use its software on a server controlled by TMA COMMS, for the sole purpose of accessing and obtaining information from the Site pursuant to the Terms.
6. Licence to display client logos on this Site
By using the services, you automatically grant TMA COMMS a world-wide, royalty-free license to use your company logo or trade mark, for the sole purpose of publicly displaying and reproducing your company logo or trade mark on this Site. If you object to the limited licence granted under this clause, your sole remedy is to request that your company logo or trade mark be removed from public display on the Site.
You warrant that you have all the rights, licenses, and permissions from third parties to grant the limited licence to use your company logo or trade mark in the limited manner contemplated under this clause.
7. No unlawful or prohibited use
You warrant to TMA COMMS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You must not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other user’s enjoyment of the Site. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You must not modify copy, reproduce or distribute in any way any material from this Site including any code and software.
8. Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (communication services). You agree to use the communication services only to post, send and receive messages and material that are lawful, appropriate and related to the particular communication service. When using a communication service, you will not (without limitation):
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material;
(c) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
(d) Upload files that contain viruses, Trojans, corrupted files, or any other similar software or programs that may damage the Site or the operation of another computer;
(e) Advertise or offer to sell or buy any goods or services for any business purpose;
(f) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) Restrict or inhibit any other user from using and enjoying the communication services;
(i) Violate any code of conduct or other guidelines which may be applicable for any particular communication service;
(j) Collect personal or other information about others, including e-mail addresses, without their consent;
(k) Violate any applicable laws or regulations.
While TMA COMMS has no obligation to monitor the communication services, it reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion and to terminate your access to the communication services at any time without notice for any reason.
TMA COMMS does not control or endorse the content, messages or information found in any communication service and, therefore, to the full extent permitted by law, TMA COMMS specifically excludes any liability with regard to the communication services and any actions resulting from your participation in any communication service.
9. Information provided to TMA COMMS or posted at any TMA COMMS site
TMA COMMS does not claim ownership of any information you provide to TMA COMMS (including feedback and suggestions) or post, upload, input or submit to any TMA COMMS site or which relates to any TMA COMMS services. By posting, uploading, inputting or providing such information you grant TMA COMMS, its affiliated companies and necessary sublicensees permission to use the information in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information; and to publish your name in connection with such information.
To the extent permitted by law, TMA COMMS is not liable to you or any other person for any loss or claim of any kind in connection with the use of such information. TMA COMMS is under no obligation to post or use any information you may provide and may remove any information at any time in TMA COMMS’s sole discretion.
While TMA COMMS takes all due care in ensuring the privacy and integrity of the information you provide, TMA COMMS cannot always ensure that it’s computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. TMA COMMS disclaims all liability to you to the full extent permitted by law should this occur.
10. Reliance on information or services
TMA COMMS provides no guarantee or warranty to you that the information, software, products, and services included in or available through the Site will be, free from variation, uninterrupted, error-free, secure, or that defects in the service will be corrected. Whilst TMA COMMS will endeavor to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. TMA COMMS will not be liable for any software or hardware issues that may reside at the user’s end that limits or interferes with the services provided by TMA COMMS.
This Site, together with and including all information and content thereon, wherever from or however derived, is of a general nature only and not a substitute for personal financial, taxation, accounting or legal advice nor is it to be used or relied upon without first obtaining independent professional advice tailored to your situation. TMA COMMS recommends that you make your own inquiries and obtain suitable independent advice based on your specific circumstances.
11. Limitation of liability
TMA COMMS acknowledges that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time in force imply or impose statutory guarantees, conditions or warranties into contracts for the supply of services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms). Nothing in these Terms is intended to exclude or restrict the application of the Non Excludable Terms. Other than the Non Excludable Terms, TMA COMMS hereby excludes all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with these Terms, or any services provided under them.
TMA COMMS is not liable to you or any other person for any loss or claim of any kind in connection with these Terms, or any services provided under them, except to the extent caused directly by the negligence or wilful misconduct of TMA COMMS.
If any Non Excludable Terms apply, then to the extent to which TMA COMMS is entitled to do so, its liability under those Non Excludable Terms will be limited at its option to:
(a) the supplying of the services again; or
(b) the payment of the cost (if any) of having the services supplied again.
To the extent permitted by law, TMA COMMS will be under no liability to you or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.
Notwithstanding anything to the contrary contained in these Terms, TMA COMMS’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TMA COMMS for our services during the term of your use of the Site.
To the extent permitted by law, you agree to indemnify TMA COMMS against any claim, loss, liability or damage, costs, charges and expenses (including TMA COMMS’s legal costs on a solicitor/ own client basis) suffered or incurred by TMA COMMS which arise directly or indirectly in relation to your use of the Site or associated services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth in these Terms.
You agree to promptly inform TMA COMMS of any breach by you of these Terms and of any conduct of any other person which you think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.
14. Termination / Access
Restriction TMA COMMS reserves the right, in its sole discretion, to terminate these Terms, your access to the Site and the related services or any portion thereof at any time, without notice.
Termination of these Terms will not end those provisions that are capable of surviving the ending of this agreement.
15. Intellectual property
All the material displayed on or available on this Site or connected with TMA COMMS’s services, including content, data, information, tables, text, designs, graphics, layouts, names, logos, reports, articles, tools, email communications, source code, software and other intellectual property, is owned or used under licence by TMA COMMS. Nothing in these Terms is to be taken to create any form of assignment to you of any of intellectual property rights owned or used under licence by TMA COMMS and/or its suppliers.
You must not infringe any intellectual property rights owned by TMA COMMS, or the intellectual property rights of any third party. You agree to indemnify TMA COMMS against any action taken by a third party against it in respect of any such infringement. TMA COMMS reserves all of its rights under this clause.
All material on this Site is subject to copyright and should not be reproduced without the permission of TMA COMMS and/or its suppliers. All rights reserved.
These Terms are made in and governed by the laws of Victoria, Australia.
TMA COMMS may modify these Terms at any time and such modification will become effective upon positing on the Site.
The failure of TMA COMMS to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such a right or provision.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TMA COMMS as a result of this agreement or use of the TMA COMMS website.
Unless otherwise specified, this agreement constitutes the entire agreement between the user and TMA COMMS with respect to the Site.
If you have any questions, please feel free to contact TMA COMMS here