Conditions Relating to the Sale of Products (goods and services) from the Marketing Association to you
This section deals with conditions relating to the sale of products (goods and services) by the Marketing Association (MAANZ) to you.
Conditions Relating to the Sale of Products (goods and services) from the Marketing Association to you 1 Our contract 1
Delivery. 1
Replacement 1
Pricing and availability. 2
Conditions Relating to Both Your Use of MAANZ and Sales to You. 2
Electronic communications 2
Credit Card Processing. 2
Losses 2
Alteration of Service or Amendments to the Conditions 3
Events beyond our reasonable control 3
Waiver 3
Governing law and jurisdiction. 3
Our Corporate Details 3
When you place an order to purchase a product from MAANZ, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. However, not withstanding that – We will endeavour to send all Articles, Seminar Papers and Workbooks as an email attachment, usually in PDF format to the address nominated on your order, unless otherwise specifically agreed, within 48 hours. If that is not possible for whatever reason, we will advise you within that period.
If for any reason the product we have sent you does not arrive, or has a problem, we will replace it by resending it to you, if advised of the problem, within 30 days of the original order being placed, at no extra charge.
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.
Despite our best efforts, a small number of the products on our web site catalogue may be mispriced. Please be assured however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
Conditions Relating to Both Your Use of MAANZ and Sales to You
When you visit MAANZ or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All processing of credit card transactions is handled on a (separate) secure site by the ANZ Bank in Australia. The Marketing Association does not seek to process or keep any credit card details. Any such details that may be received by us will be deleted and destroyed immediately after the transaction has completed. During any such processing, the information is handled off line and is not subject to third part access.
MAANZ will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. MAANZ does not limit in any way our liability by law from our negligence or breach of duty.
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Association reserves the right to change any pricing without prior notice
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These conditions are governed by and construed in accordance with the laws of Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the Australian courts.
MAANZ is the trading name for The Marketing Association of Australia and New Zealand Inc. The Marketing Association is an Incorporated Association registered in Victoria Australia (Association ABN A0012588Y). The management of the Associations affairs on this site is under the control of the Centre for Market Development (Reg 080296S) a trading name of Springhill Management Pty. Ltd (ABN 89 006 521 437)