Kick Media Pty Ltd is a registered company in Australia ACN: 111 335 329
If you have any questions about our Terms of Service, please feel free to contact us on 073114 2826
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company Kick Media Pty Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Kick Media will not divulge any personal contact information or billing details to any third party. All billing details are securely managed within our online merchant facilities with access only able by the financial controller working for Kick Media. Upon signing up to any Kick Media services the client agrees for Kick Media to publish positive performance data on Kick Media sales and marketing materials including web pages, emails and printed materials.
Kick Media will also from time to time review your marketing information for internal and commercial training purposes which may include a review of your website and advertising data with in our secure learning management platform. No sensitive billing or personal contact information will be viewed or shared in any of our training material. Clients can request that we do not use their website or marketing performance data for any purposes which will then be removed instantly from our training programs, websites and sales materials. We constantly review our systems and data to ensure the best possible service to our customers.
Client billing and contact records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
-excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
-excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Bank transfer, Visa and Mastercard are all acceptable methods of payment. All goods and projects remain the property of the Company until paid for in full. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. The client agrees by all Eway & Premium Web Cart payment terms and conditions. The client agrees the Company is not liable for any failed payments, automated payment errors or back payments charged by Eway or Premium Web Cart for all monies owed to the Company. Any payment errors where money is not owed to the Company, money will be refunded in full.
When purchasing from the Company, card details are transmitted through Premium Web Cart using a secure encrypted server which is 128 bit military grade SSL certified. Premium Web Cart is PCI DSS Compliant and tested daily by Hacker Guardian and secured by Comodo. Your card data is hosted by Eway after processing for your recurring subscription and is encrypted using Thales to provide the highest level of bank-grade security .
Cancellations for plans on a month to month or weekly basis must be requested before the next billing cycle begins and can not be updated during the current billing cycle. This includes if invoices have not yet been paid and work has begun for that month. Kick Media requires this notice in order to provide a handover and re-allocate resourcing. Notification can be given via phone, in person, email, or whatever communication means that is clear and traceable. Upon cancellation we will leave you with an account that is fully optimised and at no point in time will you be guarded or restricted from accessing your account. Any new Google AdWords accounts opened on your behalf will always remain your property.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway or completed. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. The Company does not require a contract period, however the Company maintain all management rights at their discretion for the duration of any remarketing tags created up to a maximum period of 12 months.
The Company, directors or contractors of the Company are not liable for any changes made by Google which effect the performance or capability of any products and services sold. In the event that Google makes changes that affect our strategies, refunds will not be made on any product or service that is affected by Google changes, however credit or product transfers to alternative product strategies will be made available. The Company is not liable for refunds of management fee or advertising costs as a result of advertising performance or miscommunication by the Client or the Company.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Kick Media Pty Ltd is a registered company in Australia ACN: 111 335 329