Terms & Conditions
Please read these Terms and Conditions carefully before using this web site:
 
By using this Web Site and registering, you signify you have read and accepted the Terms and Conditions (T&C) for the Web Site. If you do not agree to these Terms & Conditions, you are not authorised to use this website and the service it delivers.
 
1. Restrictions on use of materials
1.1This Web Site is owned and operated by InfoM8Direct. You may not reproduce, republish, upload, post, transmit, or distribute in any way any material from this Web Site without the prior written permission of InfoM8Direct. You may, however, download one copy of the material on a single computer for your own personal domestic use only, provided you keep intact all accompanying copyright and other proprietary notices. Graphics and images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their relevant owners. Modification of any of the materials or use of the materials for any other purpose will be a violation of InfoM8Direct's copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners.
 
1.2 All downloaded software from the Web Site, including any files, images incorporated in or generated by the software belong to InfoM8Direct. InfoM8Direct does not transfer title of the Software to you. You own the medium on which the Software is recorded, but InfoM8Direct retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse-engineer, disassemble or otherwise deal with the Software.
 
2. No representation
This Web Site has been developed by InfoM8Direct in good faith, but no representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information it contains. You must always verify this information before you act upon it by calling your local InfoM8Direct office, the relevant InfoM8Direct partner or representative (as applicable). It must not be relied upon in connection with any investment decision.
 
3. Disclaimer
The materials in this Web Site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible and subject and pursuant to applicable law, InfoM8Direct disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. InfoM8Direct does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this Web Site or this server that makes it available is free of any virus or other harmful elements. InfoM8Direct does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this Web Site or the results of their use. InfoM8Direct is not obligated to provide any promotions made by promoting parties. You cannot hold InfoM8Direct accountable for falsely published information or incorrect information you may supply in the creation of promotions. The customer is fully responsible for the information published and is solely liable to provide the products, services or discounts described in their promotional campaigns.
 
InfoM8Direct is not responsible for service quality or pricing of any promotion you may provide to InfoM8 members. You undertake promotional campaigning at your own risks.
 
4. Limitation of liability
4.1 Subject to applicable law, under no circumstances, including negligence, will InfoM8Direct be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Web Site, even if InfoM8Direct or a InfoM8Direct-authorised representative has been advised of the possibility of such damages. InfoM8Direct is also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. The total liability (if any) of InfoM8Direct for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed any amount paid by you for accessing this Web Site.
 
4.2 Any InfoM8Direct publication may include minor technical inaccuracies or typographical errors. Changes may be made to these publications from time to time and incorporated in new editions of these publications. At any time without notice, these publications are subject to improvements and changes in service by InfoM8Direct.
 
4.3 The information contained in this website is to provide services to will allow you as the customer to generate promotional information campaigns to the best of InfoM8Direct system abilities. We do not guarantee the accuracy, timeliness, reliability, authenticity of completeness of any of the information contained on this website. InfoM8Direct will ensure that your paid promotional campaign messages are delivered to the vast majority of people targeted and in the most reasonably efficient time possible.
 
5. Modifications
InfoM8Direct may change any part of this Web Site at any time at its sole discretion without notice. InfoM8Direct may deny access to this Web Site to anyone at anytime for reasons we feel appropriate.
 
6. Suggestions, comments & feedback
6.1 If you respond to an InfoM8Direct published document with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such InfoM8Direct document, such information will be deemed to be non-confidential and InfoM8Direct will have no obligation whatsoever with respect to such information and may reproduce, use, disclose and distribute the information to others without limitation.
 
6.2 Any communications you send to this Web Site or otherwise to InfoM8Direct by electronic mail are on a non-confidential basis, and InfoM8Direct may reproduce, publish or otherwise use them in any way for any purpose. InfoM8Direct may use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing, manufacturing and/or marketing of goods and/or services. Further, InfoM8Direct may use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including developing and marketing services incorporating such information unless agreed to within a specific Non Disclosure Agreement.
 
7. Links to other sites
7.1 This Web Site contains links to other web sites, which are not maintained by InfoM8Direct. Similarly, other web sites may contain links to this Web Site. InfoM8Direct is not responsible for the contents of those web sites and will not be liable for any loss, damages or injury arising from the contents of those web sites. Any links to other web sites are provided as a convenience to you as a user of this Web Site, and does not imply the endorsement of InfoM8Direct of the linked web sites or association with their operators. InfoM8Direct disclaims all responsibility and liability for the use of linked web sites, which you access and use at your own risk.
 
7.2 Any third party that wishes to establish links to this Web Site should notify InfoM8Direct of their intention and obtain authorisation prior to doing so. InfoM8Direct may deny permission for any such links to this Web Site. If however InfoM8Direct gives its permission for any such links, InfoM8Direct is not under any obligation to establish reciprocal links with the third party unless specifically agreed.
 
8. Applicable law and jurisdiction
The law applicable to these Terms & Conditions for Use of Web Site is the law of Australia and the courts of the Australia will have exclusive jurisdiction in case of any dispute.
 
9. Service description
9.1 The InfoM8Direct Service allows authorised customers to generate promotional campaigns for products, services or events. The InfoM8Direct service allows authorised customers to publish this information via nominated means of communication to InfoM8 members which have pre-acknowledged interests within categories selected in promotional campaigns. The Service is provided to you at charges specified, and you must: (1) pay all costs, including equipment and access charges associated with accessing the Internet; (2) pay all costs, including equipment and access charges associated with your computer; and (3) comply with the T&C. You also agree to be fully liable for information and promotions you publish via SMS messages and other selected means of communication. Other forms of communication include e-mail, MMS, 3G push and direct phone calls. You agree that promotional campaigns you generate must contain information or savings as per InfoM8Direct described minimum savings or unique event information described in the website About page. InfoM8Direct has every right to reject campaigns which they feel do not offer InfoM8 members adequate savings or unique event information. InfoM8Direct will refund any payment made for rejected promotions. Rejected promotions may incur an administration flat fee if InfoM8Direct feel the customer is negligent in their campaign generation.
 
9.2 InfoM8Direct can change this payment method and timing at any time without notice to you. InfoM8Direct can change specific message costs at anytime without notice to you or the public. The InfoM8Direct is in no way responsible for the accuracy and integrity of information sent by you to the InfoM8 member.
 
InfoM8Direct is in no way responsible for the accuracy and integrity of information sent by you in promotional campaigns. InfoM8Direct cannot be held accountable for any information you may receive while being part of this service.
 
10. Registration obligations
By registering and using this service, you agree to:
 
Provide true, accurate, current and complete answers about yourself to questions answered in the registration process.
 
Make changes to your customer profile to ensure that information is always accurate and reflective of your business details.
 
Never provide false information or information about a person that is not yourself. If you provide any information that is untrue, inaccurate, not current, incomplete, or InfoM8Direct has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InfoM8Direct has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
 
11. Privacy Policy
11.1 InfoM8Direct respects customers’s privacy and has an active privacy policy in place.
 
InfoM8Direct will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless InfoM8Direct has a good belief that such action is necessary to:
 
(1) Conform to legal requirements or comply with a legal procedure;
(2) Protect and defend MyEye's rights and property;
(3) Enforce the TOS; or
(4) Protect the interests of its members and employees.
 
11.2 You agree that InfoM8Direct may use your personal information in order to provide the service and may access your account, including its contents, as stated above or to respond to service or technical issues.
 
You also agree that MyEye may provide demographic information to third parties and that this information may include non-identifying components of your personal information.
 
12. Password and Security
You agree to ensure that your password and account details are kept secure and confidential at all times and that every effort is made to avoid disclosure to any other person.
 
You agree that your account is generated for use, solely by you and no other.
Your password may be changed at any time via controls in the customer login pages.
You agree to notify InfoM8Direct immediately if you become aware of unauthorized use of your account or circumstances that you feel may jeopardise the security of information relating to you or any other customer.
 
13. Misconduct
In using this service you agree to never use the Service for any purpose that is unlawful or prohibited by these terms or the laws of Australia.
 
You are aware that the InfoM8Direct service is intended for business use only and only by business with a registered ABN. You agree to use the Service only to send and messages for the intent of promotional campaigning and Surveying. Any unauthorized commercial use of the Service, or resale of the Service, is prohibited unless specifically agreed to with InfoM8Direct.
 
InfoM8Direct has no obligation to monitor the Service or any customer's use or retain the content of any user session.
 
InfoM8Direct reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
 
14. Termination of Membership
InfoM8Direct holds all rights to terminate customer accounts at it’s own discretion and without describing reason. You agree that any termination of your access to the Service under any provision of this T&C may be actioned without prior notice, and acknowledge and agree that InfoM8Direct may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. InfoM8Direct may also at any time discontinue providing the Service, or any part thereof, without notice. Further, you agree that InfoM8Direct shall not be liable to you or any third-party for any termination of your access to the Service or for any inability to provide the service. You agree to pay all monies owing the InfoM8Direct for services provided prior to the account termination.
 
15. Indemnification
You indemnify InfoM8Direct, its subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the Service by you or someone using your username and password.