Mitimes Terms and Conditions
MITIMES R & D PTY LTD (ABN 79 153 604 454) (“Mitimes, us, we, our,”) offers the Mitimes.com environment (“website“) from the URL www.Mitimes.com (“Mitimes”). By accessing using or browsing Mitimes (whether or not you are registered for Mitimes), or by continuing to do so, users (“you, your”) expressly accept and agree to be legally bound by these terms and conditions (“Terms and Conditions”).
You further acknowledge that Mitimes reserves the right to change these terms and conditions from time to time. Any such changes will be notified on the Mitimes website and you will be deemed to have accepted the changes by:
- continuing to use the Mitimes website; and/or
- continuing to possess copies of any material obtained from the Mitimes website or otherwise covered by these Terms and Conditions.
These terms and conditions are current as at 01/01/2015.
With the exception of MITIMES branding, content provided by third parties, and any material protected by a trademark, all textual material on the MITIMES website is provided under the terms and conditions of the following licence.
In these Terms and Conditions, unless the context indicates otherwise, the following terms carry the following meanings:
“Adverse Use” means any use of MITIMES Material that would:
(a) Be illegal or unlawful;
(b) Potentially cause damage to MITIMES’s reputation;
(c) Not be in accordance with the objects and purposes of the MITIMES Material as reasonably determined by MITIMES; or
(d) Constitute use of any trademark (whether registered or unregistered) owned by MITIMES or any sign that is substantially identical with or deceptively similar to the said trademark(s) in order to distinguish, or for the purposes of distinguishing your goods and/or services from those of other persons.
“MITIMES Material” means all material downloaded, copied, printed or otherwise obtained by you in any manner whatsoever in which MITIMES owns Intellectual Property.
“Authorised Use” means any use of MITIMES Material that does not constitute Adverse Use.
“Intellectual Property” includes all copyright (including rights in relation to phonograms and broadcasts), all rights in relation to inventions (including patent rights), plant varieties, registered and unregistered trademarks (including service marks), registered designs, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
MITIMES deals with the accessibility and collection of information in accordance with the Commonwealth of Australia Privacy Act 1988 (Cth).
MITIMES agrees to not release your information to any third parties without prior written consent by you.
You must use MITIMES responsibly and in compliance with all applicable laws.
In using MITIMES you must not:
4.1 Do anything that would give rise to criminal or civil liability for either yourself or MITIMES;
4.2 Harvest or collect email addresses or other personal information;
4.3 Use MITIMES in a manner which would interfere with or disrupt other users, services or equipment;
4.4 impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
4.5 upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
4.6 post inflammatory, abusive, profane, threatening or offensive comments or other User Material;
4.7 post spam or junk mail;
4.8 post material that infringes the Intellectual Property rights of any other person;
By using MITIMES you agree to indemnify MITIMES from and against all liability for any loss and damage, claims made against it or costs incurred (including legal costs assessed on a full indemnity basis) which results from your breach of these terms and conditions or your use of MITIMES.
Neither MITIMES nor its affiliates will be liable for any direct, indirect, incidental, special and/or consequential damages or loss of profit whatsoever resulting from any use or access to, or inability to use or access, MITIMES.
Use of MITIMES is at your own risk.
MITIMES makes no warranties as to the accuracy or completeness of Information or any other matter appearing on MITIMES and excludes liability to the extent permitted by law for any User Material and any use or reliance on Information or other matter appearing on MITIMES is strictly at the risk of the User.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Schedule 2 of the Competition and Consumer Act 2010 (Cth), and corresponding provisions of State or Territory legislation which contain provisions including implied terms and warranties that operate to protect the consumers of goods and
services in various circumstances.
If any condition or warranty is implied into these terms and conditions under the Competition and Consumer Act 2010 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and MITIMES is able to limit your remedy for a breach of such a condition or warranty, then the liability of MITIMES for breach of the condition or warranty is limited to the following:
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to MITIMES’s obligations under the implied conditions and warranties referred to in this clause, the maximum aggregate liability of MITIMES for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to AUD$100.
You consent to the performance of the following acts with respect to any content that you submit to MITIMES by MITIMES and/or the Commonwealth, including any person(s) claiming through them:
- using, reproducing, adapting or exploiting all or any part of the said content, with or without attribution of authorship;
- supplementing the said content with any other material; and
- using the said content in a different context to that originally envisaged,
MITIMES does not guarantee that MITIMES is free from computer viruses or anything else which can be harmful to electronic devices. MITIMES will have no liability towards you (including, without limitation, in tort, in negligence, for breach of contract, at common law, in equity or under statute) as a result of any loss or damage (howsoever occurring) caused by any computer viruses or anything else on the MITIMES website.
Any right or obligation under these Terms and Conditions is governed by the laws in force in South Australia and the parties submit to the non-exclusive jurisdiction of the courts of South Australia, in respect of any action that arises under these Terms and Conditions.
These Terms and Conditions may be varied by MITIMES from time to time in its sole and absolute discretion by MITIMES giving you written notice (including by way of electronic communication). Such a variation of these Terms and Conditions becomes effective if you continue to use the MITIMES website after MITIMES sends you such a notice.
The failure of MITIMES to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision in that or in any instance. Any waiver by MITIMES of any right or provision of these Terms and Conditions must be in writing and only operates to the extent expressly set out in the waiver.
If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that provision will be read down so as to make it valid, lawful and enforceable, or if it cannot be so read down, will be deemed severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions, provided that these Terms and Conditions as so read down or severed (as the case may be) still operate to give effect to the intentions expressed in these Terms and Conditions.
You acknowledge that your electronic submissions constitute your agreement and intention to be legally bound by these Terms and Conditions. Your selection of “I Agree” at the conclusion of this Agreement is deemed a signature within the meaning of section 10 of the Electronic Transaction Act 1999 (Cth).
© 2015 MITIMES