1. This website ("Website")
is owned and operated by Mate Australia
Pty Ltd (ACN 128 004 786) ("Mate Australia").
2. By accessing, browsing or using this
Website, you agree to be bound by these
terms, conditions and disclaimers as amended
from time to time ("Terms of Use"). Please
read these Terms of Use carefully before
using this Website. These Terms of Use are
in addition to the specific Terms of Trade
that apply to the provision of the goods
and services offered by Mate Australia.
If you do not agree to be bound by these
Terms of Use, please immediately discontinue
your use of the Website.
3. Mate Australia may amend these Terms
of Use from time to time without notice.
Any amendment will be effective immediately
upon being posted on this Website. Your
continued use of this Website after any
amendment becomes effective will constitute
your agreement to be bound by these Terms
of Use, as amended.
4. Mate Australia reserves the right to
vary or modify the information contained
on this Website, to change or discontinue
any feature or part of this Website, to
change the hours of availability and the
equipment required to obtain access to this
Website, without notice and without liability.
1300
TELEPHONE NUMBER
5. You will be charged for any calls
to Mate Australia's 1800 telephone
number (1800 461 311) in accordance
with the call rates set out by your
telephone service provider from time
to time.
PRIVACY
6. Mate Australia may collect, use,
store, record and transmit your
personal information entered on
this Website. For further details,
please refer to Mate Australia's
Privacy Policy. Your continued
use of the Website and your provision
of your personal information constitutes
your approval for Mate Australia
to deal with your personal information.
MEMBERSHIP
AND MEMBER INFORMATION
7. You may be prompted to register
for Membership of this Website and
to submit certain information in order
to fully utilise the services and facilities
provided ("Member Information"). The
Member Information may include, but
is not limited to, your name, contact
details and credit card details.
8. Upon becoming a Member, you will
receive a Member ID and password. You
are responsible for maintaining the
confidentiality and security of your
Member ID and password. You are responsible
for any and all activities on this
Website which occur under your Member
ID and password.
9. Membership is non-transferable.
10. Mate Australia may terminate your
Membership or the Membership program
at any time. You may terminate your
Membership by written notice to Mate
Australia.
11. You are responsible for the content
of all Member Information entered on
this Website. All Member Information
you enter must be accurate, complete
and not misleading. You are responsible
for maintaining and updating your Member
Information.
12. You must indemnify Mate Australia
for any losses, costs, expenses or
damages that Mate Australia may suffer
or incur if any of the Member Information
provided by you is not correct.
MEMBER
SUBMISSIONS
13. From time to time, you may be able
to post reviews and/or comments regarding
the goods and services featured on
this Website ("Member Submissions").
You irrevocably grant to Mate Australia
a non-exclusive, royalty free, perpetual
right to use, reproduce, modify, adapt,
publish, translate, create derivative
works from, distribute and display
such reviews and comments throughout
the world in any media. You expressly
waive in favour of Mate Australia all
moral rights in any jurisdiction.
14. You agree not to post any review
or comment that contains any unlawful,
threatening, abusive, defamatory, obscene,
or infringing material. If you do,
you agree to indemnify Mate Australia
for any losses, costs, expenses or
damages that Mate Australia may suffer
or incur as a result.
15. Mate Australia reserves the right
- but not the obligation - to review,
edit or delete any Member Submissions
that Mate Australia deems to be illegal,
offensive or otherwise inappropriate.
DISCLAIMER
16. Mate Australia does not warrant,
guarantee or make any representation
regarding the accuracy, adequacy,
reliability, completeness or timeliness
of the information available on
this Website ("Information") or
that it is suitable for your intended
use. The Information is provided
by Mate Australia in good faith
on an "as is" basis without warranty
of any kind.
17. Mate Australia does not warrant
or represent that the Information is
free from human or mechanical error,
technical inaccuracies or other typographical
errors or defects. The use of this
Website and the Information is at your
own risk.
18. Mate Australia makes no warranties,
guarantees or representations that
the material in this Website will not
cause damage or that the material is
free from any computer virus or other
defects. It is your responsibility
to complete a virus check on any Information
downloaded.
19. All warranties, representations
and implied terms and any liability
which may arise in relation to your
access to or use of this Website or
the Information is expressly excluded
to the maximum extent permitted by
law.
LIMITATION
OF LIABILITY
20. Mate Australia will in no way be
liable to any party for any injury,
loss or damage arising out of or related
to the use (or the inability to use)
the Information on this Website. Under
no circumstances will Mate Australia
be liable for any direct, indirect,
incidental, special or consequential
loss or damage, including loss of programs
or data, loss of business, business
interruption, or lost profits. If your
use of this Website results in the
need for servicing or replacing of
equipment, Mate Australia will not
be liable for those costs.
21. Where liability cannot be excluded,
any liability incurred by Mate Australia
is limited to the re-supply of the
Information on the Website or the reasonable
costs of having the Information re-supplied.
LINKS
TO OTHER SITES
22. You will be able, through hypertext
or other computer links, to gain access
to other websites operated either by
Mate Australia or other third parties
("Linked Sites"). Unless otherwise
specified, the Linked Sites are not
under Mate Australia's control. The
Linked Sites may have different terms
of use and privacy requirements. Unless
otherwise specified, Mate Australia
is not responsible for the content
of any Linked Sites, or any changes
or updates to such sites. Mate Australia
provides these links for your convenience
only. You link to any such Linked Sites
at your own risk. Mate Australia is
not a party to any transaction between
you and a Linked Site. Unless specified,
Mate Australia does not sponsor, endorse,
adopt, confirm, guarantee or approve
of any material or representations
made in those Linked Sites.
INTELLECTUAL
PROPERTY
23. © Mate Australia Pty Ltd 2008.
All rights reserved.
24. You acknowledge and agree that
all content, coding, graphics and Information
available on this Website is protected
by copyright, trade mark or other intellectual
property rights and laws.
25. No part of the Information may
be copied, reproduced, modified, republished,
uploaded, posted, transmitted or distributed
in any form or manner without Mate
Australia's prior written consent.
However, you may download and print
these Terms of Use and the Terms of
Trade for your personal non-commercial
use.
26. All trade marks and trade names
which appear on this Website are proprietary
to Mate Australia. Use of these trade
marks without Mate Australia's consent
will infringe Mate Australia's intellectual
property rights. Nothing in this Website
should be interpreted as granting any
rights to use or distribute any names,
logos or trade marks except with the
express written consent of the respective
owner.
SPAM
27. The publication of Mate Australia's
email addresses on this Website
is to facilitate communications
relating to the goods and services
supplied by Mate Australia. It
must not be inferred as consent
by Mate Australia to receive unsolicited
commercial electronic messages.
JURISDICTION
28. By accessing and using this Website,
you agree to submit to the exclusive
jurisdiction of the Courts of
Victoria. If you access this Site
from other jurisdictions, you
are additionally responsible for
compliance with local laws.
June 2008
|