These Terms and Conditions of Use (T&Cs) apply when you visit the website at https://www.commissionfactory.com/nz (Website) operated by Commission Factory Pty Ltd (ACN 149 765 631) a company incorporated in Australia ("Commission Factory", "CF", "us", "we") of 401/32 Martin Place, Sydney NSW 2000, Australia. Your access to and use of the Website, is subject to these T&Cs.
If you are an Advertiser/Merchant you must also read our Advertiser Agreement
If you are an Affiliate/Publisher you must also read our Standard Terms for Affiliates
If you disagree with any part of these T&Cs, you must cease usage of the website, or any services, immediately. By accessing or using the Website you acknowledge and agree to be bound by these T&Cs. If you are under 18 years of age, then you must obtain your parent or guardian's consent before accessing and using the Website.
The information contained on the Website is provided in good faith on an "as is" basis. Commission Factory does not represent or warrant the reliability, accuracy or completeness of the information contained on the Website. To the extent permitted by law, Commission Factory is not responsible or liable for any Liabilities arising in any way for errors in, or omissions from, the information on the Website.
We may change these T&Cs at any time, and such modifications will be effective as soon as they are posted on the Website. By continuing to use the Website after these T&Cs have been modified, you agree to be bound by the changes to these terms and conditions.
The Website and any ancillary materials or documents owned or used by Commission Factory in connection with its products and services may contain registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Commission Factory (or its clients). You must not use any of the marks or trademarks appearing on the Website or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
By contributing, posting messages, uploading files, inputting data, linking to data or files on third-party sites (such as Youtube, Vimeo, Flickr, Picasa, Facebook, Twitter, Blogger, or WordPress), or engaging in any other form of communication through our Website you are creating user content (User Content), and you are granting Commission Factory a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to:
This licence shall include the right to exploit any proprietary rights in the User Content, including but not limited to rights under publicity, copyright, trademark, or patent laws under any relevant jurisdiction.
You acknowledge and agree that by creating User Content you may generate automated emails from Commission Factory to your nominated email address. We reserve the right to filter, modify, publish and remove User Content on the Website at all times at our discretion.
You acknowledge and agree that any third-party content on our Websites represents the thoughts, sentiments and intentions of that third-party and not the views of Commission Factory. In addition, you acknowledge and agree that Commission Factory shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content posted on our Websites by third parties.
Commission Factory uses the services of the following tool(s) in the course of operating its Website:
You covenant and warrant that:
You must not:
Unauthorized use of the Website may give rise to a claim for damages by Commission Factory against you and/or may be a criminal offence which may lead to legal action against you.
Commission Factory does not claim that any information (including any files) obtained from or through the Website is free from viruses or other faults or defects.
You are responsible for scanning any information for viruses. You agree that Commission Factory has no responsibility or liability to you or any other person for any Liabilities which may be the direct or indirect result of any such viruses.
If Commission Factory is found to be liable this will be limited to the cost of supplying the information again.
Commission Factory and our users may provide links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on these third-party sites.
Please contact Commission Factory if you would like to place a link to any part of an Website.
We may use temporary (session) cookies or permanent cookies when you access our Websites. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these T&Cs.
We do not warrant the suitability of the Website.
To the extent permitted by law, Commission Factory is not liable to you for any Liability arising in connection with the Website.
If we are found liable at law, then our Liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. Liability of one point for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Commission Factory's option, to:
You agree to indemnify, defend and hold us and our partners, agents, directors, officers, employees, subcontractors, third-party suppliers of information, advertisers, service providers, clients and other affiliates harmless from any Liability arising in connection (directly or indirectly) with your use of the Website.
If the whole or any part of a provision of these T&Cs is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these T&Cs has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
These T&Cs are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
In these terms:
"Liabilities" means all direct and/or indirect liabilities, costs, damages, losses, claims, causes of action arising whatsoever or howsoever caused, including indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence).