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Set & Forget Marketing terms and conditions of use

Shortcuts Software is the world leader in salon and spa software. Specialising in software for the hair and beauty markets, Shortcuts has software in over 10,000 salons and spas worldwide.

Gen3Media is a professional company that provides world class relationship marketing software (the platform) and services. Though we strive to provide an enjoyable and relaxed atmosphere for our clients, partners, affiliates and associates it is important that you read these terms and conditions carefully.

First and foremost, thank you for registering for Set & Forget Marketing™. Set & Forget Marketing™ is made available to you by Gen3Media and Shortcuts Software. Gen3Media’s principal offices are at Suite 3, 301 Water Street, Fortitude Valley, Queensland, Australia. Shortcuts Software offices are at 166 Knapp Street, Fortitude Valley QLD 4006; Dalton House, Dane Road, Sale, Cheshire, M33 7AR; and 7777 Center Avenue, Suite 100, Huntington Beach, CA 92647. This page contains the terms and conditions ("Terms and Conditions") for Set & Forget Marketing™.

By using Set & Forget Marketing™ you agree to abide by these Terms and Conditions.

Set & Forget Marketing™ is only available to business users. If you are implementing Set & Forget Marketing™ on behalf of a company, partnership or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms and Conditions. If you do not have this authority then please do not use this service.

Your business use only

Set & Forget Marketing™ is licenced to your business for your business use only and must be used in compliance with all applicable laws, rules and regulations.

The service

Gen3Media and Shortcuts Software offer Set & Forget Marketing™ on an "as is" basis. Through Set & Forget Marketing™, Gen3Media and Shortcuts Software provides marketing tools, information, information management and storage and support. Users can create and send email campaigns using the tools to distribute content supplied by the user to email addresses also supplied by the user.

The user acknowledges that Gen3Media and Shortcuts Software does not create any content other than the pre written promotional copy content and generic HTML Templates and that Gen3Media and Shortcuts Software are not the author or the publisher of any user campaigns. Gen3Media and Shortcuts Software does not and cannot review the content of email, SMS or print communication created by users on Set & Forget Marketing™ and is not responsible for such content. We do however reserve the right to delete, move or edit any content (including content posted in any future chat room or blog areas we create) that comes to the attention of Gen3Media or Shortcuts Software and that we determine in our sole discretion, to violate our Terms and Conditions, the Australian Privacy Act, or is otherwise deemed unacceptable.

If you are asked to register with Set & Forget Marketing™, you must provide complete and accurate identification, including relevant contact, and other information required as part of the registration process.

If you are using Set & Forget Marketing™ you may make them available to other users in your organisation, by creating a user name and password (via the administration link in Set & Forget Marketing™ ) and then emailing them the www.gcast.com.au URL and their relevant log in details. Each user will be required to agree to these Terms and Conditions before they use Set & Forget Marketing™ . You will be required to assign a unique user name and password.

Furthermore, the user agrees to ensure their messages, including those of their partners, do not contain any inappropriate material or content as outlined below.

Content posted

Gen3Media and Shortcuts Software does not sanction and has no control over the content sent in Set & Forget Marketing™ makes no warranties, expressed or implied, as to the focus or to the accuracy and reliability of the content or any material or information that is transmitted to other persons, businesses or organisations.

Gen3Media and Shortcuts Software assume no responsibility for supervising Set & Forget Marketing™ for unsuitable content or conduct. The clients of Gen3Media and Shortcuts Software are solely accountable for the content sent in Set & Forget Marketing™ email.

Gen3Media and Shortcuts Software may at any time delete any content that, in the sole judgment of Gen3Media or Shortcuts Software, violates this agreement including content that may be offensive, illegal, harm or threaten or violate the rights of the safety of any person.

Prohibited content

Gen3Media and Shortcuts Software reserves the right to investigate and take suitable legal action against anybody who, at Gen3Medias’ or Shortcuts Softwares’ sole discretion, violates this provision, including without constraint to, removing the offending communication and ceasing the membership of such violators.

Prohibited content includes, but is not limited to content that, in the sole discretion of Gen3Media or Shortcuts Software is:

(a) promoting information that is false or misleading;

(b) offensive or criminal in nature, that promotes hatred, vulgarity, profanity, racism, bigotry, or physical harm of any kind against any group, individual, business or organisation;

(c) harassment or any defamation of any other person, business or organisation;

(d) containing an image of another entity without that person's prior written consent;

(e) exploitation of people in a sexual or violent manner or any contact containing nudity, or distasteful focus matter or contains a connection to an adult website providing products or services.

Prohibited actions

You as a client of Gen3Media and Shortcuts Software may not:

(a) distribute Set & Forget Marketing™ or any services or software associated with or derived from it;

(b) sub-licence your right to use Set & Forget Marketing™ ;

(c) modify, copy, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or create derivative works from Set & Forget Marketing™; or

(d) extract significant portions of Gen3Media’s or Shortcuts Software’s files or promotional material for use in other applications.

If you wish to do any of these prohibited acts, please contact Gen3Media or Shortcuts Software and state your purpose while requesting such permission.

Prohibited activity when using Set & Forget Marketing™ includes, but is not restricted to:

a) unlawful behaviour including: child pornography, fraud, trafficking in obscene material, promotion of drug dealing, promotion of gambling, harassment, stalking, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b) Attempts to obscure the advertisements if your applicable plan definition includes the provision of advertising on Set & Forget Marketing™ emails.

Automatic updates

Gen3Media and Shortcuts Software constantly strive to improve Set & Forget Marketing™. Consequently from time to time we will release new features and update other features. Gen3Media and Shortcuts Software reserve all rights in relation to such new releases and updates.

Mandatory reporting

A mandatory monthly report will be issued to your nominated email address. This report is essential to ensure that you are aware of the progress and status of your Set & Forget Marketing™ marketing campaigns.

Information practices

Protecting users’ privacy and the privacy of each member in your database is extremely important to Gen3Media and Shortcuts Software. As a condition of using Set & Forget Marketing™, you agree to the terms of the Shortcuts’ Set & Forget Marketing™ privacy policy, which Shortcuts Software reserves the right to update as and when required.

Gen3Media and Shortcuts Software do not currently use cookies or other such devices; however, we reserve the right to implement such recognised and widely used practices at a future date if we deem that doing so will substantially increase our ability to provide end users with a better service. Implementation of such practices will allow Gen3Media and Shortcuts Software to potentially collect certain non-personally identifiable information that resides on your computer, including, without limitation, the number of Set & Forget Marketing™ pages your computer downloads onto your computer and the time it takes to access certain Set & Forget Marketing™ services on your computer.

Additionally, when you register with Gen3Media and Shortcuts Software and throughout the term of your relationship with Gen3Media and Shortcuts Software we will continue to collect personal information about you, such as your name, company details, email and phone number in order to provide you more personalised services.

This information will be used by Gen3Media and Shortcuts Software:

(a) for purposes of operating and improving future products of Gen3Media and Shortcuts Software; and

(b) administration of your user account.

In all cases information may be stored and processed in Australia, or any other country in which Gen3Media, Shortcuts Software or their agents maintain offices or database backups.

Intellectual property

You acknowledge that Gen3Media and Shortcuts Software own all rights, titles and interests in and to Set & Forget Marketing™, the marketing platform we provide and any software or content provided through or in conjunction with Set & Forget Marketing™, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all patent rights, copyright, trade secrets, trade and service marks, design rights, rights in or relating to database management, database design, and database systems, rights in or relating to confidential information and any other intellectual property rights throughout the world, whether registered or unregistered and including applications for any such rights.

You agree to not remove, obscure, or alter Set & Forget Marketing™, Gen3Medias’ or Shortcuts Softwares’ copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Set & Forget Marketing™.

Feedback

If you have comments on Set & Forget Marketing™ or ideas on how to improve it, please visit let us know. Please note that by doing so, you also grant Gen3Media and Shortcuts Software permission to use and incorporate your ideas or comments into Set & Forget Marketing™ or any future Gen3Media or Shortcuts Software products or offerings without further compensation.

Changes to terms and conditions

Gen3Media and Shortcuts Software may update these Terms and Conditions from time to time. If Gen3Media or Shortcuts Software update these Terms and Conditions we will make our best endeavours to inform you of such updates by way of messages on our Set & Forget Marketing™ login pages or by using another method which we consider appropriate. If you do not agree with any changes to the Terms and Conditions, from time to time, please know that you may cancel your agreement on a week to week basis.

Termination by you

You may terminate the Set & Forget Marketing™ service with only 7 days notice. In such event, you must destroy all copies of Set & Forget Marketing™, and source code, templates, promotional copy, artwork and any other components of Set & Forget Marketing™.

Termination by Gen3Media and Shortcuts Software

Without prejudice to any other rights, Gen3Media and Shortcuts Software may terminate our services to you if you fail to comply with our terms and conditions. In such event, you must destroy all copies of Set & Forget Marketing™ , and source code, templates, promotional copy, artwork and any other components of Set & Forget Marketing™.

Disclaimer

If you are a consumer, nothing in these Terms and Conditions shall affect your rights.

To the fullest extent permitted by law, Set & Forget Marketing™ is provided "as is".

To the fullest extent permitted by law, Gen3Media and Shortcuts Software disclaim all implied warranties, conditions and others terms including, without limitation, those regarding the security, reliability, timeliness, and performance of Set & Forget Marketing™.

Limitation of liability

Nothing in these Terms and Conditions shall exclude or limit liability for:

(a) death or personal injury resulting from the negligence of either party or their servants, agents or employees;

(b) fraud or fraudulent misrepresentation;

(c) breach of any implied condition as to title or quiet enjoyment; or

(d) any liability which may not by law be excluded.

Subject to the first paragraph of this clause, neither party shall be liable under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) for:

(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);

(b) the cost of obtaining similar or substitute services from anyone;

(c) any loss of goodwill or reputation; or

(d) any special, indirect or consequential losses;

In each case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these Terms and Conditions.

Subject to the first paragraph of this clause, Gen3Media’s and Shortcuts Software’s total liability under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) shall not exceed one week’s partner licence fee, with a maximum total therefore being $19.95.

Subject to the first paragraph of this clause:

(a) under no circumstances shall Gen3Media or Shortcuts Software be liable to any user on account of that user's misuse of Set & Forget Marketing™ ; and

(b) neither party shall be liable for any matter which is outside that party’s reasonable control.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of Queensland, Australia and you, Gen3Media and Shortcuts Software hereby submit to the exclusive jurisdiction of the Australian courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions. Notwithstanding the preceding sentence, nothing in these Terms and Conditions shall restrict or limit Gen3Media or Shortcuts Software seeking injunctive or similar relief in any jurisdiction.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

Gen3Media or Shortcuts Software may assign its rights and/or obligations under these Terms and Conditions (in whole or in part), at any time, without your consent.

These Terms and Conditions and the “24 ON” subscription and service level agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Gen3Media and/or Shortcuts Software.

These Terms and Conditions are valid as of 11 September 2008.

Gen3Media Shortcuts Software



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