Terms & Conditions

Our Mission: "To create life-changing opportunities for others, rather than just making money for ourselves."

Please carefully read and understand these terms and conditions of use & sale (these "terms") before accessing, using, or subscribing or placing an order over https://www.dpacc.agency. These terms contain disclaimers of warranties and limitations of liabilities including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action (see sections 11, 17, 18, and 19). Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in section 19. These terms form an essential basis of our agreement.

The use of https://www.dpacc.agency to which these Terms are linked (a "Website"), owned and maintained by MS Family Trust T/A Digital Publishers, ("we," "our," "us"), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you, and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever. This is a binding agreement.

These terms together with our privacy statement and data processing addendum form a legally binding agreement (the "agreement") between you and your business ("you") and MS Family Trust T/A Digital Publishers. This agreement governs your access to, and use of the website and the services provided by MS Family Trust T/A Digital Publishers, any order you place through the website, by telephone, or other accepted method of purchase and, as applicable, your use or attempted use of the products or services offered on or available through the website. Please print and retain a copy of this agreement for your records.

Section 1 – Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operating a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

Section 2 – Website User Conduct and Restrictions – License Terms

All aspects of our Website are protected by Australian and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, meta tags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The MS Family Trust T/A Digital Publishers trademark and logo are proprietary marks of MS Family Trust T/A Digital Publishers, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by MS Family Trust T/A Digital Publishers.

Subject to your continued strict compliance with these Terms, MS Family Trust T/A Digital Publishers provides you with a revocable, limited, nonexclusive, royalty free, non sub licensable, nontransferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. If you purchase a subscription to MS Family Trust T/A Digital Publishers software over the Website, MS Family Trust T/A Digital Publishers provides to you a revocable, limited, nonexclusive, non sub licensable, nontransferable license to use the software. You acknowledge and agree that:

(1) the software is copyrighted material under Australian and international copyright laws that is exclusively owned by MS Family Trust T/A Digital Publishers;

(2) you do not acquire any ownership rights in the software;

(3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software;

(4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display, or commercially exploit any material from the software without the express written permission of MS Family Trust T/A Digital Publishers; and

(5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

You agree not to use or attempt to use the Website, or any software provided by MS Family Trust T/A Digital Publishers, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to MS Family Trust T/A Digital Publishers. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

Harmful or Prohibited Acts

Any dishonest or unethical business practice; any violation of the law; infliction of harm to MS Family Trust T/A Digital Publishers' s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven't specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, bench marking, or gathering intelligence for a competitive offering; infringing another party's intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of MS Family Trust T/A Digital Publishers or any third party.

"Spamming" and "Unsolicited Communications"

We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed "spamming," or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to MS Family Trust T/A Digital Publishers' s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti spamming or analogous laws.

Offensive Communications

You will not send any communication by post, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.

Sensitive Information

You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by, or connected to MS Family Trust T/A Digital Publishers, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

Illegal Business Activity

You will not promote any illegal business activity, including without limitation, multilevel marketing, the sale or use of illegal drugs or infringing or promoting the infringement of the intellectual property rights of another.

In addition to the foregoing, MS Family Trust T/A Digital Publishers requires you to follow these best practices when sending electronic communications:

Use permission-based marketing electronic communications lists. (e.g., media campaigns to affirmatively opt-in to receiving communications)
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of electronic communications.
Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
Include in each electronic communication your valid physical mailing address or a link to that information.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., [email protected] or [email protected]).
Do not engage in spamming
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated from the Internet.
Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of MS Family Trust T/A Digital Publishers or otherwise.

Section 3 – Our Privacy Statement and Data Processing Addendum (DPA) and Your Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at www.dpacc.agency/terms and conditions. MS Family Trust T/A Digital Publishers reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time to time. Our Privacy Statement and DPA are incorporated into this Agreement by reference.

Section 4 – Information You Provide; Registration; Passwords; Prohibition Against Hosting Third Party Agency Accounts

As an MS Family Trust T/A Digital Publishers user, you will be required to create an account with MS Family Trust T/A Digital Publishers. You warrant that the information you provide us with is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your MS Family Trust T/A Digital Publishers user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a MS Family Trust T/A Digital Publishers user, such as technical information, our pricing, our business strategy, and data about other past or current MS Family Trust T/A Digital Publishers users or their customers.

So called "agency accounts," or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in MS Family Trust T/A Digital Publishers’ s sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your MS Family Trust T/A Digital Publishers user account or enhanced pricing for your MS Family Trust T/A Digital Publishers user account, at MS Family Trust T/A Digital Publishers’ s sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, MS Family Trust T/A Digital Publishers under your user account. You agree to immediately notify MS Family Trust T/A Digital Publishers of any unauthorized use of your password or username or any other breach of security related to your user account. You agree that MS Family Trust T/A Digital Publishers is not liable, and you will hold MS Family Trust T/A Digital Publishers harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.