Terms and Conditions
This website "marcel.sydney" (hereinafter the "Website"), has been published by Publicis Australia ABN 74 004 117 284 (“Publicis Australia”, “we”, “us”) which is a network of affiliated agencies including Marcel Australia ABN 74 004 117 284, Nurun Australia 74 004 117 284, Publicis Mojo Pty Ltd ABN 74 004 117 284, Publicis Loyalty Pty Ltd ABN 25 074 333 583, Publicis Cubed ABN 74 004 117 284, Publicis Frontfoot ABN 74 004 117 284, Personalised Plates Queensland Pty Ltd ABN 12 098 273 539, Publicis Pusher ABN 74 004 117 284 - See more at: http://www.publicis.com.au/terms-conditions/#sthash.Ks7ljyms.dpuf to supply up-to-date information about Publicis Australia, and these Affiliated Businesses, both for its employees and for businesses and consumers interested in finding out more about Publicis Australia and its achievements.
By using this Website, you agree to comply with these terms and conditions of use ("Terms and Conditions") and the laws applicable in Australia.
THIS WEBSITE IS PUBLISHED BY:
Bond Store 3, 30 Windmill Street, Walsh Bay NSW 2000
Telephone: 02 9258 9000
All users of this Website are subject to these Terms and Conditions, which may be supplemented by special terms and conditions in the case of certain services.
Publicis Australia reserves the right to change and update these Terms and Conditions at any time. To keep up with such modifications and updates, users are required to refer to this page on a regular basis to check the currently applicable Terms and Conditions.
Publicis Australia reserves the right to change or delete all or part of the Website, or withdraw access to the Website, at any time without prior notice. Any indemnities given by users and limitations on liability will survive such termination.
1 INTELLECTUAL PROPERTY RIGHTS:
1.1 Copyright and other intellectual property rights concerning the works and content reproduced on the Website:
The Website and all related content is subject to copyright and other intellectual property rights under Australian law and where applicable the laws of other countries. No material from the Website may be copied, modified, sold, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or in any manner or medium, other than 'sharing' this Website or certain pages thereof as may be permitted via the share facilities provided on the Website, strictly in accordance with those permitted facilities, or for strictly personal use and not for any advertising and/or commercial purposes. Save as provided for by the foregoing paragraph, any reproduction, performance, use or modification, by any process and on any data carrier, of all or part of the Website and the various works and content contained therein without the prior consent of Publicis Australia constitutes an intellectual property infringement and is strictly prohibited.
The foregoing obligations do not apply to journalists or press publishers, for whom Publicis Australia makes available iconographic documents and press releases that may be freely viewed, reproduced and displayed to illustrate their articles and press publications. Such materials are available only in the "News" section of the Website.
1.2 Rights concerning trademarks
All names, trade names and signs of any nature (such as logos or trade marks), including the names of the goods and services mentioned or reproduced on any kind of advertising material published on this Website by Publicis Australia shall remain the property of the clients of Publicis Australia. Any use, reproduction, performance or imitation thereof, even partial, by internet users is prohibited without prior authorisation from the owners of said trademarks. Any breach of the foregoing obligation constitutes an infringement of intellectual property rights and is prohibited.
Moreover, the name "Publicis Australia", as well as the names, logos and trade names of the companies of Publicis Australia are registered trademarks protected in each of the countries in which the relevant companies are set up. Any use, reproduction, performance or imitation thereof, even partial, is therefore prohibited without prior written authorisation from Publicis Australia and the companies of Publicis Australia that own said trademarks. Any breach of the foregoing obligation constitutes an infringement of intellectual property rights and is prohibited.
2 TALENT RIGHTS
Models, performing artists and, more generally, any person shown in the photos and advertising materials published on this Website have authorised the use of their image in the campaigns produced for the clients of Publicis Australia.
Similarly, the employees and managers of Publicis Australia whose image is used on this Website have authorised the use of the relevant iconographic documents within the framework of the Website and only within said framework.
No reproduction, performance or use of such photos and materials may be made by the users of the Website without the prior written consent of Publicis Australia or as expressly permitted on the Website or in these Terms and Conditions. Any use, even partial, of such documents, in breach of the foregoing obligation is subject to enforcement at law.
The users of this Website shall refrain from publishing any content whatsoever that provides justifications for crimes against humanity, incites racial hatred or violence, constitutes child pornography, violates human dignity or is obscene, defamatory, illegal or otherwise offensive. Users must not use the Website in any manner which is unlawful or which violates the right of Publicis Australia or any user. Publicis Australia reserves the right, but is not obliged, to remove any such contents and/or terminate or suspend access to any user for breach of the foregoing obligation in its sole discretion.
4 DISCLAIMER AND LIABILITY
Publicis Australia, as well as the web hosting service and, more generally, every company contributing to the designing, implementation and online publishing of this Website make every effort to ensure the accuracy and regular updating of the information published on this Website. Publicis Australia reserves the right to correct and modify the content of the Website however does not accept responsibility for any error, omission or defect in the information.
To the maximum extent permissible by law, Publicis Australia, its Affiliated Businesses and their respective directors, employees, agents and contractors:
do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, user access to the Website or results of user access, or the information, content or materials available via the Website; and
do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected, or that the server which stores and transmits content to users is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Publicis Australia, its Affiliated Businesses, or their respective directors, employees, agents and contractors) will Publicis Australia, its Affiliated Businesses or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website, or arising out of or in connection with user use of the Website. Any liability for breach of any implied warranty or condition which cannot be excluded, to the extent permissible by law, is limited at the option of Publicis Australia to the supply of the services again or the payment of the cost of having the services supplied again.
Each user agrees to indemnify and keep indemnified Publicis Australia, its Affiliated Businesses and their respective officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of the user's wilful or negligent act or omission with respect to the user's use of the Website (or any part of it) or the breach of these Terms and Conditions by the user.
6 GOOGLE ANALYTICS
Publicis Australia is committed to protecting and respecting your privacy. If we collect or otherwise deal with your personal information, we will comply with the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
Information that you may communicate to us while navigating through certain pages of this Website. Communicating such information is optional; and
Information that you provide in relation to recruitment or prospective employment with us including job applications, references and related materials.
We will use this information for the reasons we collected it and for other reasonable business purposes and as permitted by law including:
Where collected in relation to recruitment, for evaluating and processing job applications, communicating job offers and related recruitment purposes;
To deal with enquiries or requests; and
8 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising out of the interpretation thereof shall be referred exclusively to the courts of New South Wales, Australia or courts which have jurisdiction to hear appeals from those courts.