Terms of Service ("Terms")
Please read these Terms of Service ("Terms", "Terms of
Service") carefully before using the https://zoom-marketing.ca website
(the "Service") operated by Zoom Marketing Corporation
("us", "we", or "our") or any of our websites including,
but are not limited to: zoom-marketing.ca; zoomconnect.ca and includes any subdomains or
folders of the same.
Zoom Marketing Corporation and LeadSuite
Your access to and use of the Service is conditioned on your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service. You warrant that you are at least
18-years-old and you are legally capable of entering into binding contracts. If
you are under 18-years-old, you warrant that you have obtained consent from
your parent or guardian, and they agree to be bound by these Terms on your
behalf.
By accessing or using the Service and services offered by these sites you
agree to be bound by these Terms. If you disagree with any part of the terms,
then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information
relevant to your Purchase including, without limitation, your credit card
number, the expiration date of your credit card, your billing address, and your
shipping information.
You represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.
We reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the
fitness for purpose and merchant-ability of any products or services. We
strongly advise you to exercise caution and do your own due diligence in
conducting any transactions through the Service.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the
Service. The products or services available on our Service may be mispriced,
described inaccurately, or unavailable, and we may experience delays in
updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either
express or implied, including but not limited to implied warranties and
conditions of merchant-ability, fitness for a particular purpose or non-infringement.
Subscriptions
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles are set either on a
monthly or annual basis, depending on the type of subscription plan you select
when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Zoom Marketing
Corporation cancels it. Cancellations must be in writing and must be received
within 14 days of the next rebill date. Cancellations can be processed by
contacting Zoom Marketing Corporation customer support team by emailing hello
(@) zoom-marketing.ca
A valid payment method, including credit card or PayPal, is required to
process the payment for your Subscription. You shall provide Zoom Marketing
Corporation with accurate and complete billing information including full name,
address, state, zip code, telephone number, and a valid payment method
information. By submitting such payment information, you automatically
authorize Zoom Marketing Corporation to charge all Subscription fees incurred
through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Your access to the
services and programs of the sites will be denied until such time as the
subscription, license or access fee is paid in full. You can email support
at hello (@) zoom-marketing.ca to arrange payment.
Free Trial
Zoom Marketing Corporation, at its sole discretion, offer a Subscription
with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up
for the Free Trial.
If you do enter your billing information when signing up for the Free Trial,
you will not be charged by Zoom Marketing Corporation until the Free Trial has
expired. On the last day of the Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, Zoom Marketing Corporation reserves the
right to (i) modify the terms and conditions of the Free Trial offer, or (ii)
cancel such Free Trial offer.
Fee Changes
Zoom Marketing Corporation, in its sole discretion and at any time, may
modify the Subscription fees for the Subscriptions. Any Subscription fee change
will become effective at the end of the then-current Billing Cycle.
Zoom Marketing Corporation will provide you with a reasonable prior notice
of any change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes
into effect constitutes your agreement to pay the modified Subscription fee
amount.
Refunds
Certain refund requests for Subscriptions may be considered by Zoom
Marketing Corporation on a case-by-case basis and granted in sole discretion of
Zoom Marketing Corporation.
Refunds will be at the sole discretion of Zoom Marketing Corporation or it's agents and may
include the recoup of associated costs and fees for the system at the
discretion of Zoom Marketing Corporation Due to the digital nature of the
products sold, refunds are not normally granted.
Accounts
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of these Terms, which may result in immediate termination of your
account on our Service.
You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be
fully responsible for activities that relate to your account or your password.
You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes the copyright
or other intellectual property infringement ("Infringement") of any
person.
If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes
copyright infringement that is taking place through the Service, you must
submit your notice in writing to the attention of "Copyright
Infringement" of walterbayliss (@) gmail.com and include in your notice a
detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys'
fees) for misrepresenting that any Content is infringing your copyright.
Copyright Infringement Notice
In order to lodge a complaint with us, please contact using the details
above with the following information:
Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).
Please allow us 30 days to investigate your complaint, after which we will
contact you immediately to resolve the issue.
Intellectual Property
The Service and its original content, features and functionality are and
will remain the exclusive property of Comet Suite Pty Ltd and Zoom Marketing
Corporation as its licensor. The Service is protected by copyright, trademark,
and other laws of both the Australia and foreign countries. Our trademarks and
trade dress may not be used in connection with any product or service without
the prior written consent of Zoom Marketing Corporation. Nothing in these Terms
constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by Zoom Marketing Corporation.
Zoom Marketing Corporation has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web sites
or services. You further acknowledge and agree that Zoom Marketing Corporation shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such web sites
or services.
We only provide links to external websites as a convenience, and the
inclusion of such a link to external websites do not imply our endorsement of
those websites. You acknowledge and agree that when you access other websites
on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice
or liability, for any reason whatsoever, including without limitation if you
breach these Terms.
Upon termination, your right to use the Service will immediately cease. If
you wish to terminate your account, you may simply discontinue using the
Service. to cancel ongoing subscriptions please contact our support desk at
hello (@) zoom-marketing.ca NOTE: Cancellations MUST Be done through our support
desk.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension, or any other actions taken by us
in connection therewith.
If applicable law requires us to provide notice of termination or
cancellation, we may give prior or subsequent notice by posting it on the
Service or by sending a communication to any address (email or otherwise) that
we have for you in our records.
Upon termination of your account, any referred customers will have payment
re-directed to the parent company (Zoom Marketing Corporation) not the
reseller. If any client has been brought on board directly (not through the
payment system), as in - they have received free access through a reseller
coupon or other method, that client account will be cancelled in the event of
the Agency Partner cancellation.
Indemnification
As a condition of your access to and use of the Service, you agree to
indemnify us and our successors and assigns for all damages, costs, expenses,
and other liabilities, including but not limited to legal fees and expenses,
relating to any claim arising out of or related to your access to and use of
the Service or your breach of these Terms and any applicable law or the rights
of another person or party. You acknowledge that Zoom Marketing Corporation and
it's agents are not liable for technology failures that may cause damage to you
or your business.
This indemnification section survives the expiration of your registration,
and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result
of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental,
or consequential damage (including loss of business, revenue, profits, use,
privacy, data, goodwill, or other economic advantage) however it arises,
whether for breach of contract or in tort, even if it has been previously
advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or
contract, or pursuant to the Competition and Consumer Act 2010 (CCA) including,
but not limited, to any misleading statements made and/or incorporated into any
Content provided by third parties, such as manufacturers and wholesalers, and
users of the Service. It is your sole responsibility to ensure the accuracy of
the data inputted.
You have sole responsibility for adequate security protection and backup of
data and/or equipment used in connection with your usage of the Service and
will not make a claim against for lost data, re-run time, inaccurate
instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to
you exceed, in total, the amounts paid by you to us.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided
without warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchant-ability, fitness for a particular
purpose, non-infringement or course of performance.
Zoom Marketing Corporation its subsidiaries, affiliates, and its licensors
do not warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or d)
the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure,
theft, or destruction or unauthorized access or, alteration of or use of record
in connection with the use or operation of the Service, whether for breach of
contract, tortuous behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied,
about the completeness, accuracy, reliability, suitability or availability with
respect to the content contained on the Service for any purpose. Any reliance
you place on such information is therefore strictly at your own risk. We disclaim
any express or implied warranty representation or guarantee as to the
effectiveness or profitability of the Service or that the operation of our
Service will be uninterrupted or error-free. We are not liable for the
consequences of any interruptions or error in the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of
Queensland, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held to
be invalid or unenforceable by a court, the remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements we might
have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will try to provide at least 30
days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any
changes. If you do not agree with any of the changes to these Terms, it is your
sole responsibility to stop using the Service. Your continued use of the
Service will be deemed as your acceptance thereof.
Contact Us
If you have any questions about these Terms, please contact us via our
support email listed below.
Email: hello (@) zoom-marketing.ca
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