CONDITIONS OF USAGE
for the Website: ‘mmf.net.au’ (“this Website”) ABN.48 076 468 490 ACN. 076 468 490
READ THESE CONDITIONS OF USAGE CAREFULLY. IF YOU DON’T ACCEPT THEM, DON’T USE THIS WEBSITE OR ANYTHING YOU DERIVE FROM IT AND EXIT NOW.
By entering this Website and/or making any use of anything derived from or made available on or through this Website, you will have and be deemed to have accepted these Conditions of Usage;
mmf reserves the absolute right to vary anything on this Website and any access to or mode of operation of any part of this Website;
You are permitted to:
- view any material on this Website; and
- access any material on this Website.
Restrictions on Usage:
No Downloading of anything on this Website for any purpose or use is permitted without prior written consent from mmf and payment of any fee applicable for that disclosed purpose or use. You may not use anything downloaded except for the permitted purpose or use consented to;
You are not permitted to:
- copy, translate, reproduce, adapt, vary or modify anything on this Website without the prior written consent of mmf;
- allow any of your family, employees, servants, subcontractors or any of your agents to have access to anything on this Website UNTIL they are made aware of and accept these Conditions of Usage;
- provide, permit access to or otherwise make available anything on this Website in any form to any person other than your family, employees, servants, subcontractors or any of your agents without the prior written consent of mmf and
- use anything on this Website for or in connection with any business or enterprise (whether for profit or otherwise) and in particular in any enterprise of a service bureau operation or in business or enterprise which is in competition with any service bureau operation or any business of mmf.
- To the fullest extent legally possible mmf makes no representation or warranty concerning this Website or any third-party Website referred to or connected to via this Website or anything on them or anything which is changed or replaced on them at any time;
- mmf does not warrant that anything on this Website or any third-party Website referred to or connected to via this Website is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
- mmf reserves the right to change, add or remove anything on this Website at any time and without notice. You must check each time you use or access this Website to see what current Conditions of Usage apply at that time. You agree to be bound by the current Conditions of Usage published on this Website each time you use or access this Website; and
- mmf does not warrant that anything (including any function ) referred to on this Website or any third-party Website referred to or connected to via this Website, will be uninterrupted or without error, that defects (if any) will be corrected, or that anything (including anything electronic) thereon is or will be free of viruses or anything harmful to persons or property (including any computer or related equipment, software, program etc) and you accept that mmf makes no undertakings to provide access to this Website at any particular time or for any particular length of time. mmf will not be liable for any lapse in this Website’s accessibility or any consequences whatsoever that flow from unavailability of this Website.
Exclusions and Limitation of Liability
- To the fullest extent legally possible no term, condition, agreement, warranty, representation or understanding whether express or implied other than set out in these Conditions of Usage is made or given by mmf;
- You agree to limit any claim on mmf to the cost of re-supply of any product supplied by mmf (if any) or the supply of any services supplied by mmf (if any) to be supplied again.
- mmf will not be liable for any contingent consequential direct indirect special or punitive damage arising from any dealing with the you whether due to negligence or otherwise;
- You acknowledge these express limits of liability & agree to limit any claim accordingly; and
- When deciding to visit this Website at any time you acknowledge that you have exercised your independent judgment and have not relied on any representation made by or on behalf of mmf (whether in these Conditions of Usage or otherwise).
Intellectual Property Rights
- Everything on this Website is the intellectual property of mmf or others;
- Neither you nor your family, employees, servants, subcontractors or any of your agents may permit any act which infringes any of those intellectual property rights;
- You and specifically acknowledge that neither you nor your family, employees, servants, subcontractors or any of your agents may copy anything on this Website, except as otherwise expressly authorised under these Conditions of Usage; and
- You must take due care to protect all intellectual property from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.
- If you become a Subscriber or Authorised Partner of mmf, the terms of becoming so may deal with permission to store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of being a Subscriber or Authorised Partner but nothing in these Conditions of Usage will permit this except where expressly provided;
- Authorised Partners are bound by the Terms and Conditions of mmf set out in their Application Form to become an Authorised Partner in addition the these Conditions of Usage;
- Subscriber password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation and may only be used by the Subscriber; and
- If the conduct of a Subscriber or Authorised Partner violates any Applicable Laws or any part of these Conditions of Usage mmf may immediately suspend or terminate the Subscriber’s subscription or terminate the License Period of any Authorised Partner without notice and without liability or refund.
- You indemnify and will keep mmf indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which mmf may incur to your family, employees, servants, subcontractors or any of your agents or any other party as a result of any dealings with mmf whatsoever (including under these Conditions of Usage and any breach by you or your family, employees, servants, subcontractors or any of your agents of any part of these Conditions of Usage.
Third Part Websites
- This Website may contain hyperlinks to other Websites;
- You accept that mmf is not responsible for any material contained on any other Websites and agree to comply with all requirements of the host of any other Website concerning conditions of use of that other Website; and
- You and your family, employees, servants, subcontractors or any of your agents are prohibited from placing arranging or permitting any link to this Website without the prior written consent of mmf and on terms satisfactory to mmf.
Notice or Termination
- If mmf gives notice of termination under these Conditions of Usage you or your representative agree to destroy any copies or records of any sort (whether electronic, printed or otherwise) of anything obtained from or via this Website that you have in your possession, custody or your control to the satisfaction of mmf; and
- Termination will not affect any rights or remedies, which mmf may otherwise have under this these Conditions of Usage or at law.
- Variation of these Conditions of Usage by you must first be agreed in writing;
- Any part of these Conditions of Usage may be severed without affecting any other part;
- No terms & conditions sought to be imposed upon mmf shall apply unless first agreed in writing;
- All contracts and dealings with mmf shall be deemed to be made in the State/Territory nominated by mmf & the Customer agrees to submit to the jurisdiction of the appropriate Courts in or nearest the Capital city of that State/Territory;
- If mmf elects not to exercise any of its rights as a result of any Default, it shall not be or be deemed to be a waiver of any rights relating to any subsequent or other breach; and
- Force Majeure: mmf will not be in default or in breach of any dealing with the Customer as a result of Force Majeure. Force Majeure means anything or event beyond the reasonable control of mmf and includes any strike or lock-out.
- In the process of dealing with you, we may acquire personal information about you. Your personal information will be kept under close security. We do not hold sensitive information. To enable us to deal with you we may need to contact/disclose information concerning you to businesses in the same or other industries;
- You irrevocably authorise mmf its servants & agents to make such enquiries as they deem necessary to investigate your credit worthiness from time to time, including the making of enquiries with persons nominated as trade references, your bankers, any credit provider or Credit Reporting Agency & including personal credit and consumer credit information & LandData/property inquiries & name searches (hereinafter called “the sources”). You authorise the sources to disclose to mmf such information concerning you which is within their possession. You agree that any information provided by you on any Application Form for appointment as an Authorised Partner or via this Website concerning you & any relevant trading information arising from any dealings between the you and mmf may be disclosed to a Credit apply Reporting Agency or any other interested person;
- We may from time to time mail to you information about our products and services; and
- Access to your personal information may be obtained by giving 28 days notice in writing to us. We reserve the right to refuse access for legal reasons or if sought frivolously or vexatiously.
- ‘mmf’ includes all of its related bodies corporate and related entities
- ‘Applicable Laws’ means any Statute, Regulation, Statutory Rule or requirement of any government, statutory authority, regulatory or industry body or any other body which deals with any part of any dealings between you and mmf.
- ‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page or a different location on the same web page) and includes any mechanism for linking to or providing access to anything via the Internet.
- ‘Intellectual Property’ means all intellectual property rights (including[inter alia] any copyright, inventions, designs, trademarks, trade names, circuit layout, concept, software, base code, business or domain name, logo, get-up, confidential information and anything on the Website).