MAA Website and Education Terms & Conditions of Use
Acceptance and applications of these Terms
By using this website, registering for an MAA account or enrolling in or purchasing a Course, you agree to abide by these Terms & Conditions (Terms). If you accept these Terms on behalf of an organisation, you confirm that you are authorised to do so. MAA may amend these Terms from time to time by posting the amended Terms to this website and will take reasonable steps to notify registered account holders of material changes. An amendment will not apply to a Course you have already purchased unless it is required by law, is needed to address a security risk, is not adverse to you, or you agree to it.
In these Terms:
ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
MAA Account means an account registered with MAA under ‘MAA accounts and membership’.
MAA, we, us and our have the meaning given in ‘Operator of this website’ section.
MAA Personnel means MAA’s employees, directors, officers, committee members, instructors, agents, contractors and volunteers.
Course means any course, certificate, workshop or other education or training offering run by MAA, whether delivered in person, virtually or online (including self-paced).
Course Materials means all content made available by MAA in connection with a Course, including slides, videos, recordings, text, templates, checklists and assessments, whether accessed through the Platform or otherwise.
days means calendar days, consistent with the Cancellation/Refund Policy.
Fees means the fees payable for a Course or other Program.
Learner means an individual who enrols in, or is nominated to attend or complete, a Course.
Organisational Customer means an organisation (including an employer) that purchases or arranges a Course for one or more Learners.
Platform means this website and any online learning environment, portal or tool through which MAA makes Courses or Course Materials available.
you means the person who uses this website or an MAA Account or who enrols in a Course and, where the context requires, includes an Organisational Customer.
If any of these Terms is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If a term can be read down so that it is valid and enforceable, it will be read down to the minimum extent necessary.
Fees, GST and payment
MAA Payment Terms are 7 days from date of invoice or prior to the start of an event or Course, whichever occurs first.
Fees are the amounts published on this website, or stated in ADMA’s quote or invoice, at the time you enrol. Unless otherwise stated, all prices include GST where it is applicable. If a price is stated to be exclusive of GST, you must pay GST in addition, on receipt of a tax invoice. GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Where an Organizationalonal Customer purchases a Course for a Learner, the Organizationalal Customer is responsible for paying the Fees for that Learner, subject to the Cancellation/Refund Policy and ACL.
Cancellation, Refunds and Transfers
View MAA's cancellation and refund policy.
ADMA Accounts and membership
The information on how to register for an MAA account forms part of these Terms. By registering for an MAA account you accept these Terms.
Registration is open to residents of Australia aged 18 years or over. To register, follow the prompts provided by MAA. To register for an MAA account, you must provide your name and a preferred email address, and you must ensure the information you provide is accurate and kept up to date.
Your MAA account is connected to your MAA subscriptions and your login to the MAA website.
Once you have registered for an MAA account, MAA will send an email to the email address you provided. This email will contain a link which you will need to click on, or copy and paste into your browser, and follow the prompts to complete your MAA account set up. The link is valid for 24 hours. If you do not complete account set up within 24 hours, you can request another confirmation link by contacting admin@marketingassociation.au
By registering for an MAA account you consent to receiving MAA newsletters, updates, special offers, and information on trends, events, critical issues and more, by email. You may withdraw your consent at any time. MAA may also send you messages that are necessary to administer your MAA Account or deliver a Course you are enrolled in (for example receipts, access details and schedule changes).
You may unsubscribe from receiving marketing communications at any time by using the link provided in the communication. You may also manage your communication preferences at www.adma.com.au/preference-centre. MAA will action unsubscribe requests within the time required by the Spam Act 2003 (Cth).
If you or your organisation is an MAA member you will also be able to access member benefits and member-only content. To do this you will need to enter your work email (with an email address that easily identifies you as being part of the member organisation). This will allow you to access ADMA member benefits such as a 25% discount on all MAA Courses and certificates, member-only articles, checklists and best practice guides as well as the free MAA Marketing Skills Assessment and Data Pass accreditation.
If your organisation is not an MAA member and you would like to organise for it to become a member, simply email admin@marketingassociation.au with the subject of “Membership” and we’ll be in contact.
Setting up an MAA account and subscribing to receive MAA communications is free of charge. Any cost associated with accessing a website is the registrant’s responsibility and is dependent on the internet service provider used.
The cost of becoming an MAA member depends on the level of membership for which the requesting organisation is categorised as being eligible. Eligibility is determined on a range of criteria determined by MAA in its complete discretion. This information can be obtained by speaking to an MAA Account Manager. To contact an MAA Account Manager, email at : admin@marketingassociation.au
Operator of this website
This website is operated by Australian Association of National Advertisers (ACN 003 179 673) trading as Association for Data-driven Marketing & Advertising (ADMA).
Intended audience
This website and MAA’s Courses are prepared with reference to Australian law and practice, and are intended for use by residents of Australia. Persons residing outside Australia use this website at their own risk, and should take into consideration the legislative requirements of their country of residence when accessing this website. If you choose to purchase products or services from MAA or interact with us in any way, you should satisfy yourself that doing so will not contravene the laws of your country of residence.
Restrictions on use
All information provided on this website and in the Course Materials is general information only. It does not take into account your personal circumstances or objectives and is not legal, financial, tax or other professional advice. You should obtain professional advice before relying on it. Subject to ACL, any use of the material on this website by another person or organisation is at the user's own risk
Intellectual property and Course Materials
All MAA logos, brands and program names are used under licence by MAA, or are owned by MAA, unless otherwise stated.
All content on this website and in the Course Materials, including logos, brand names, text, photographs, information, statistics, images, recordings and other material, is protected by copyright, trade mark and other intellectual property laws in Australia and elsewhere.
ADMA’s logos must not be reproduced or used in any way unless ADMA provides its prior approval in writing.
Except as permitted by these Terms or the Copyright Act 1968 (Cth), or with the express written permission of MAA, you must not reproduce, communicate, adapt or distribute any part of this website or the Course Materials. Where reproduction is permitted, only one copy of the material may be made, and that copy may only be used for personal or non-commercial purposes. Where reproduction is permitted you must not amend or edit the material in any way, and MAA and its instructors assert their right to be recognised as the authors.
Subject to these Terms and payment of the Fees, MAA grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence, for the access period, to access and use the Course Materials solely for your own professional development or, for an Organisational Customer, for the internal training of the Learners it has enrolled. This licence does not permit you to share, resell, publish or commercially exploit Course Materials, or to use them to train others, without MAA’s prior written permission.
Indemnity, disclaimer and limitation of liability
MAA takes due care in preparing the content of this website and the Course Materials. Subject to ACL and to the extent permitted by law, we make no representations regarding the accuracy, currency or reliability of the information provided unless otherwise indicated, and note there may be errors, omissions and typographical errors contained in the material provided.
Subject to ACL, this website and the material it contains are provided on an as-is basis, and to the fullest extent permitted by law we disclaim all warranties not expressly set out in these Terms. In addition we do not warrant that this website is error free or that the website or the servers it is hosted on are free of viruses, Trojans or other malicious software. We will take reasonable steps to maintain the security of the Platform.
Subject to ACL and to the extent permitted by law, MAA and MAA Personnel are not liable for any indirect or consequential loss, or any loss of opportunity, profit or data, arising out of your use of, or inability to use, this website or the Platform, or your reliance on information provided on this website, including loss arising from: (a) technical difficulties or equipment malfunction (whether or not under MAA’s control); (b) theft, unauthorised access or third party interference, except to the extent caused by MAA’s failure to take reasonable security measures; or (c) any registration that is lost, altered, damaged or misdirected for any reason beyond the reasonable control of MAA. ADMA holds the benefit of this paragraph for MAA Personnel and may enforce it on their behalf.
To the extent permitted by law, you agree to indemnify MAA and MAA Personnel against any loss or damage they suffer as a result of your breach of these Terms or your unlawful use of this website or the Platform. Your liability under this indemnity is reduced to the extent that MAA or MAA Personnel caused or contributed to the loss or damage.
The original indemnity covered any loss 'as a result of your use of this website' with no fault threshold, for a long list of beneficiaries. Narrowed to breach of the Terms or unlawful use and reduced to the extent MAA contributed. An uncapped indemnity from individual consumers is at higher risk of being an unfair term.
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
Where the ACL permits MAA to limit its liability for a failure to comply with a consumer guarantee, and it is fair or reasonable for MAA to rely on the limitation, MAA’s liability is limited, at MAA’s option, to: (a) for goods, replacing the goods or supplying equivalent goods, repairing the goods, or paying the cost of replacing the goods, acquiring equivalent goods or having the goods repaired; and (b) for services, supplying the services again or paying the cost of having the services supplied again.
MAA programs, services and merchandise
MAA provides various services (Services) to its members and runs Courses and various other programs, events and functions (Programs, which include Courses). Subject to ACL and to the extent permitted by law, you participate in or attend Programs at your own risk and are responsible for your own travel, accommodation and personal property. MAA will take reasonable care for the safety of attendees at in-person Programs.
MAA may from time to time make available for purchase on its website or websites certain MAA merchandise. Consumer guarantees under the ACL may apply to goods purchased through MAA’s websites (see ACL). If you have any queries or concerns regarding goods purchased through our websites, please contact us using the details in ‘Contact details’.
Hyperlinks, advertising, sponsors & third-party content
This website may contain the content of third parties (Third Party Content). This content may include, but is not limited to hyperlinks to external (third party) websites, paid advertisements and mention of partners and sponsors. None of these things is to be taken as an endorsement, recommendation or approval of the third party, advertiser or sponsor or their products or services. MAA accepts no responsibility for the accuracy, currency or suitability of Third Party Content. Subject to ACL and to the extent permitted by law, any use or reliance on such content is at your own risk and MAA does not accept liability for any loss, damage, costs or expenses arising as a result of that use or reliance. Third party tools used to deliver Courses (such as video conferencing or learning management systems) may be subject to the third party’s own terms, which you must comply with.
Where hyperlinks to third party websites are provided, MAA makes no claims regarding the suitability of the third party’s products or services to your needs, nor does it warrant that the third party website is free of viruses or other malicious software.
Should you have any queries, concerns or complaints regarding a third party’s website please refer your query, concern or complaint to the third party.
Linking to this website
Permission is granted to link to this website subject to the following conditions:No responsibility or liability lies with MAA (or any employee, agent or servant) for any errors or omissions resulting from use of this website.
You must not use the link to the MAA website to provide specific product or service endorsement or promotion, or place the link so as to imply endorsement of a product or service or an association with commercial interests.
MAA reserves the right to withdraw permission to link to this website at any time and you agree to remove any link to this website on receiving such notice from MAA
No information, in whole or in part, is to be copied from the website without MAA’s prior consent in writing.
Privacy, marketing and data handling
MAA respects your privacy. MAA's Privacy Policy details how ADMA secures and deals with your personal information, including visits to this website. MAA handles personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and its Privacy Policy.
MAA collects personal information (PI) to administer MAA Accounts and memberships, enrol Learners, deliver and assess Courses, issue certificates, process payments, communicate with you and provide you with information related to your interests. Registration and enrolment are conditional on providing the PI MAA reasonably requires. If you do not provide it, MAA may not be able to provide the relevant account, Course or service.
MAA may disclose PI to third parties where reasonably necessary for these purposes, including to its agents, contractors and service providers (such as payment, email, hosting, learning platform and event providers), to the Organisational Customer that enrolled a Learner (limited to enrolment, attendance, progress and results information), and to Australian regulatory authorities where required by law. Some recipients may be located overseas.
MAA may use your contact details to send you marketing communications about its Courses, events and services, in accordance with applicable law. You can opt out at any time using the unsubscribe link or the preference centre Opting out of marketing does not affect messages that are necessary to administer your MAA Account or deliver a Course.
MAA will take reasonable steps to protect PI from misuse, interference, loss and unauthorised access, modification or disclosure, and will notify affected individuals and the Office of the Australian Information Commissioner of eligible data breaches as the Privacy Act 1988 (Cth) requires.
You can ask to access, update or correct your PI, or make a complaint about how ADMA has handled it, by contacting the admin@marketingassociation.au. MAA will respond in accordance with its Privacy Policy. If you are not satisfied with the response, you may complain to the Office of the Australian Information Commissioner.
Complaints and dispute resolution
MAA wants to resolve concerns quickly. If you have a complaint about a Course, an assessment result, a misconduct decision, the Platform or these Terms, please contact MAA using the details in ‘Contact details’ and give enough detail for MAA to understand and investigate it. MAA will acknowledge your complaint, investigate it fairly, and tell you the outcome and the reasons for it. If you are not satisfied, you may ask for the complaint to be reviewed by a more senior MAA representative who was not involved in the original decision.
If a dispute between MAA and an Organisational Customer about these Terms is not resolved through that process, the parties must first try in good faith to resolve it by negotiation between senior representatives and then by mediation with a mediator agreed between them, before starting court proceedings (other than for urgent interim relief).
Nothing in this section prevents an individual from contacting a regulator or ombudsman (such as NSW Fair Trading, the Australian Competition and Consumer Commission or the Office of the Australian Information Commissioner), or from starting proceedings in a court or tribunal where the law allows.
Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, and the courts entitled to hear appeals from them. This does not limit any right you have under the ACL or other law to bring proceedings in another court or tribunal.
General
MAA may assign or novate its rights and obligations under these Terms to a related body corporate or to a successor to the business that operates the Platform, and will give notice on this website. You may not assign your rights under these Terms without MAA’s prior written consent, which MAA must not unreasonably withhold.
A failure or delay by MAA in exercising a right under these Terms is not a waiver of that right. MAA may give notices to you under these Terms by email to the address in your MAA Account or by posting them on the Platform.
A reference to legislation includes that legislation as amended or replaced.
Contact details
If you have any queries or concerns regarding these Terms or MAA’s Courses, please email education@marketingassociation.au or write to Suite 300, 100 William Street, Sydney NSW 2000.