1. About the Website
Welcome to multiplierfactor.com (the “Website”). The Website provides marketing, lead generation and related growth services (the “Services”).
The Website is operated by Multiplier Factor, a brand of Multiplier Group [ABN to confirm] (“Multiplier Factor”, “we”, “us”, “our”). Access to and use of the Website, or any of its associated products or Services, is provided by Multiplier Factor. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must stop using the Website and Services immediately.
Multiplier Factor reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to notify you. Any changes take effect from the date of publication. We recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree where that option is made available to you by Multiplier Factor in the user interface.
3. Registration to use the Services
Where access to certain Services (such as gated resources or courses) requires it, you may first need to register for an account through the Website (the “Account”).
As part of registration, or your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details). This may include:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
You warrant that any information you give Multiplier Factor during registration will always be accurate, correct and up to date. Once you have registered you will be a registered member (“Member”) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Multiplier Factor; or
- you are a person barred from receiving the Services under the laws of Australia or any other country, including the country in which you reside or from which you use the Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
- you will use the Services only for purposes permitted by the Terms and by any applicable law, regulation or generally accepted practice in the relevant jurisdictions;
- you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person or third party is strictly prohibited. You agree to immediately notify Multiplier Factor of any unauthorised use of your password or email address, or any breach of security of which you become aware;
- access to and use of the Website is limited, non-transferable and for your sole use for the purposes of Multiplier Factor providing the Services;
- you will not use the Services or Website in connection with any commercial endeavours except those specifically endorsed or approved by the management of Multiplier Factor;
- you will not use the Services or Website for any illegal or unauthorised purpose, including collecting the email addresses of Members by electronic or other means for the purpose of sending unsolicited email, or the unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Multiplier Factor for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
Where the option is given to you, you may make payment for the Services (the “Services Fee”) by way of:
- Electronic funds transfer (EFT) into our nominated bank account
- Credit card
- PayPal
All payments made in the course of your use of the Services are processed through third party providers such as Stripe, PayPal and bank transfer. By using the Website, the Services, or making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the relevant provider’s terms and conditions, which are available on their website.
You acknowledge and agree that where a request for payment of the Services Fee is returned, denied or unpaid for any reason, you are liable for any costs, including banking fees and charges, associated with the Services Fee. You agree and acknowledge that Multiplier Factor may vary the Services Fee at any time.
6. Refund Policy
Multiplier Factor will only provide you with a refund of the Services Fee where we are unable to continue to provide the Services, or where the management of Multiplier Factor decides, at its absolute discretion, that it is reasonable to do so in the circumstances (the “Refund”).
7. Copyright and Intellectual Property
The Website, the Services and all related products of Multiplier Factor are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Multiplier Factor or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Multiplier Factor, who grants you a worldwide, non-exclusive, royalty-free, revocable licence, while you are a Member, to: use the Website pursuant to the Terms; copy and store the Website and its material in your device’s cache memory; and print pages from the Website for your own personal and non-commercial use. Multiplier Factor does not grant you any other rights in relation to the Website or the Services. All other rights are expressly reserved by Multiplier Factor.
Multiplier Factor retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; any right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or any thing, system or process that is the subject of a patent, registered design or copyright.
You may not, without the prior written permission of Multiplier Factor and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website that are freely available for re-use or are in the public domain.
8. Privacy
Multiplier Factor takes your privacy seriously. Any information provided through your use of the Website and/or Services is subject to our Privacy Policy, which is available on the Website.
9. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them), which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions that are not expressly stated in the Terms are excluded; and Multiplier Factor will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms, whether at common law, under contract, in tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Multiplier Factor make any express or implied representation or warranty about the Services or any products or services referred to on the Website.
10. Limitation of Liability
Multiplier Factor’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, in tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Multiplier Factor, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
11. Termination of Contract
The Terms will continue to apply until terminated by either you or Multiplier Factor as set out below.
If you want to terminate the Terms, you may do so by providing Multiplier Factor with 14 days’ notice of your intention to terminate, and by closing your accounts for all Services you use, where we have made this option available to you. Your notice should be sent in writing to Multiplier Factor via the “Contact Us” link on our website.
Multiplier Factor may at any time terminate the Terms with you if: you have breached, or intend to breach, any provision of the Terms; we are required to do so by law; or the provision of the Services to you is, in our opinion, no longer commercially viable.
Subject to local applicable laws, Multiplier Factor reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts our name or reputation or violates the rights of another party.
12. Indemnity
You agree to indemnify Multiplier Factor, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; any direct or indirect consequences of you accessing, using or transacting on the Website, or attempts to do so; and any breach of the Terms.
13. Dispute Resolution
Compulsory. If a dispute arises out of or relates to the Terms, neither party may commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice. A party claiming that a dispute has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle it.
Resolution. On receipt of that notice, the parties must, within 14 days, endeavour in good faith to resolve the dispute by negotiation or other agreed means. If the dispute is not resolved within 14 days of the notice, the parties must agree on a mediator or request that one be appointed by the President of the Australian Mediation Association or their nominee. The parties are equally liable for the mediator’s fees and reasonable expenses and the cost of the venue, and each party pays its own costs of the mediation. The mediation will be held in Adelaide, Australia.
Confidential. All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of mediation. If one month has elapsed after the start of mediation and the dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Multiplier Factor are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be the courts of South Australia, Australia.
15. Governing Law
The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created by them shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles. The Terms are binding to the benefit of the parties and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties, having had the opportunity to obtain independent legal advice, declare that the Terms are not against public policy on the grounds of inequality of bargaining power or on general grounds of restraint of trade.
17. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.