Terms of Use

Written by Administrator Tuesday, 24 June 2008 06:42

These Terms of Use apply to all visitors to this Web Site.

Some capitalised terms are used in these Terms of Use. The meaning of each capitalised term is set out in paragraph 9.

Service

Max Media and Entertainment Pty Ltd ("maxys") provides a forum that allows the general public to request quotes for providing goods and services, and provide quotes for providing goods and services requested by a person accessing the Web Site.

Disclaimer of Liability

We are not liable to you or anyone else for any Loss you incur in connection with use of this Web Site or a Linked Web Site.

The general disclaimer in paragraph 2.1 does not restrict or modify any of the following specific warnings and disclaimers.

To the extent permitted by applicable law, all representations, warranties, other terms and liability are excluded. In particular, we make no representation or warranty as to the reliability, accuracy or relevance of any of the information on this Web Site (including information contained in requests for quotes or quotes submitted), or the merchantability or fitness for purpose of any of the goods or services offered on this Web Site, or that use of this Web Site will be uninterrupted and error free.

As we are not involved in the dealings between Users, we are unable to guarantee the quality of the goods or services listed, the accuracy or veracity of the listings, or the ability of a party to provide or pay for (as the case may be) listed goods or services, and we exclude liability for any Loss incurred in relation to these.

You release and indemnify Max Media & Entertainment, its servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against Max Media & Entertainment arising out of your use of this Web Site, a breach of these Terms of Use, or the negligence of you, your agents, employees or sub-contractors or any other person for whose acts or omissions you are vicariously liable. Because we are not involved in dealings between Users, this release and indemnity applies without limitation to disputes arising between you and another User.

Max Media & Entertainment is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

You must not alter, damage or try to damage this Web Site or use it for illegal purposes.

You must ensure that your access to this Web Site is not illegal or prohibited by laws which apply to you or in your location.

We may, from time to time, change or add to this Web Site (including these Terms of Use) or to information, products or services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.

Copyright and Trade Marks

Max Media & Entertainment is the owner of all the intellectual property rights in the Web Site. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar statutes that apply in your location, you may not, in any form or by any means:

adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or

commercialise any information, products or services obtained from any part of this Web Site,

without our written permission.

Other product and company names mentioned in this Web Site may be trade marks of other people or entities. If you use our trade mark to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use our trade mark:

• in or as the whole or part of your own trade marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products or services (including this Web Site.

Linked Web Sites

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained.

Links to those Linked Web Sites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those Sites, or for any information, products or services referred to on those other Sites.

Unless stated otherwise on this Web Site, we have no relationship with the owners or operators of the Linked Web Sites, and no control over or rights in the Linked Web Sites.

Advertising

• This Web Site may contain advertisements for other people's products and services. Those advertisers are responsible for the accuracy of the content of the advertisements. The appearance of advertisements on this Web Site should not be construed as any endorsement, approval, recommendation, or preference by us of the advertisers, or for any information, products or services advertised. Any use of an advertised product or service is at your own risk.

Cookies

• Our Web Site uses "cookies". A "cookie" is a file of information that a web site places on a server when you visit a site for the first time (and sometimes on subsequent visits). The use of "cookies" allows information about use of our Web Site to be collected by us and to provide more customised services to you on your subsequent visits to our Web Site. This can make navigating our Web Site more efficient for you. The use of "cookies" is standard industry practice.

Privacy of Personal Information - Privacy Policy

When you visit our Web Site, our server collects information such as the date and time of your visit, your email address and domain. This data assists us in identifying trends and statistics and may be used internally for marketing purposes. However, none of this information will be provided to other people.

You will need to register by completing an application form. This information is necessary for identification purposes and to allow you to make use of our services. Again, we will not provide any of this information to other people, but we may use some of the information to personalise products for you or keep you informed of our new products and services. However, at the time of completing your application, you may tell us that you do not wish to have your Personal Information used for a particular purpose and we will respect that.

We will not share any Personal Information you give us with anyone outside Max Media & Entertainment, unless you have authorised us to do so, or we are required by law to disclose the information. Within Max Media & Entertainment, your information will only be handled by authorised people and for the purposes for which it was given.

Because data transmission over the Internet can never be guaranteed to be entirely secure, we cannot warrant the security of information you give us or that you receive from our Web Site during transmission. However, when we have received your information, we will use our best efforts to maintain its security.

We will do our best to keep your Personal Information up-to-date and accurate. If you wish to review and make any necessary changes to your Personal Information, you can email us at admin@maxys.com.au

Other

These Terms of Use are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms of Use or this Web Site.

Nothing in these Terms of Use derogates from Max Media & Entertainment's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Max Media & Entertainment in relation to that use.

Definitions

The following definitions apply in the Terms of Use.

"Max Media & Entertainment" stands for Max Media & Entertainment Pty Limited ABN 46 091 581 823, and includes its directors, employees or any of its associated entities.

"Loss" means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.

"Linked Web Sites" means Web sites of people other than Max Media & Entertainment which are hyperlinked from this Web Site.

"Personal Information" means any information from which your identity is apparent or can be reasonably ascertained.

"Suppliers" means persons who have successfully registered in accordance with the Suppliers' Terms of Use.

"User" means any person who accesses this Web Site.

"We" and "us" refer to Max Media & Entertainment, and "our" has a similar meaning.

"Web Site" means the whole or any part of the web pages located at www.maxys.com.au (including the layout of this Web Site; individual elements of the Web Site design; underlying code elements of this Web Site; or text, sounds, graphics, animated elements or any other content of this Web Site).