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 1300
telephone number (1300 466 283) 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
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