Terms & Conditions
General
These Terms of Use are applicable to this website (“the Website”) posted by M.H.Technologies Pty Limited ABN 48 122 819 087 and/or its affiliated companies (“MHT Projects”):
Please note that specific pages, facilities or material on the Website may have their own conditions. The use of such pages, facilities or material is subject to those conditions as well as these Terms of Use. By accessing this Website you agree to those specific conditions which apply (if any) and these Terms of Use. If there is a conflict between the specific conditions and these Terms of Use, the specific conditions shall prevail.
Use of website
You agree that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the foregoing, you agree that you will not use the Website to spam, transmit or upload any material that contains viruses or any other harmful programs or that breach any laws, including intellectual property or privacy rights, or otherwise interfere with or disrupt the Website.
While the Website, its content and any of the information on it (together “the Content”) is published in good faith, MHT Projects makes no warranty or representation about the Content including as to it being free of errors or omissions, complete or correct. MHT Projects excludes to the maximum extent permitted by law, any liability which may arise as a result of the use of the Content.
MHT Projects will not be liable for any indirect, incidental, special or consequential loss arising out of use of the Content, including loss of business profits.
Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), or any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, MHT Projects (including its officers, directors, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Website and the Content.
MHT Projects reserves the right to change, amend or delete the Content from time to time and without notice.
MHT Projects’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. Nothing on the Website should be construed to alter or form part of such agreement.
If MHT Projects provides you with user details or you sign up for any particular purpose which provides you with user details for any reason to facilitate the access to the Site (“User Details”) or a particular section of the Site or an associated Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details, including and without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. MHT Projects is entitled to act on instructions received under your User Details. MHT Projects will not be liable and cannot be liable for any changes that you make to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes you should record your user details in a manner which protects those User Details.
You agree to indemnify MHT Projects and keep MHT Projects indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, cost and expenses suffered or incurred by MHT Projects as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or breach of these Terms of Use, by you or anyone using the User Details.
MHT Projects may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and the licences granted by you to MHT Projects, and any MHT Projects disclaimers and limitations of liability will survive such termination.
MHT Projects excludes any term, condition or warranty that may otherwise be implied into these Terms of Use or implied in relation to your use of this Site.
MHT Projects assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer or equipment or other property on account of your access to, or use, of the Site or your downloading of any materials, data, text, images, video, or audio form the Site. MHT Projects also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications made through or in relation to the Site or as a consequence of you using the Site.
Information that you provide to MHT Projects
To enable MHT Projects to provide you with products and/or services and to enable you to participate in MHT Projects promotional offers and other marketing activity, MHT Projects may collect and ask you to provide personal information such as your name, address, telephone number, email address and information about your use of the Site (“Your information”).
MHT Projects may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computers hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so. Please refer to our Cookies Policy.
All information that you provide to MHT Projects must be true, accurate, current and complete at all times. If you provide information that is untrue, inaccurate or that is not current or incomplete, or otherwise fail to update your information, MHT Projects may suspend or terminate your participation in promotions, competitions, offers or membership of your account (and the right to use) the Site immediately.
MHT Projects may use your information to provide you with newsletters and other communications by post, email, telephone and/or text message (SMS) if you have provided your prior consent or we are otherwise permitted to do so under any applicable law.
When you provide us with your contact details, such as when you purchase a product, contact our customer support call centre or create an account for one of our services or for participation in our promotional activities, you may be given the opportunity to opt-in to receiving various direct marketing communications. Direct marketing involves the use and/or disclosure of personal information to communicate directly with a person to promote goods and services. This includes newsletters and other communications by post, email, telephone and/or text message (SMS) from MHT Projects Australia Pty Ltd sending you details about the latest MHT Projects products and services, such as promotions or special offers in which you may be interested. MHT Projects may also provide you the opportunity to opt-in to receiving more targeted direct communications.
You can change your marketing communications preferences at any time. If you would like to unsubscribe from an email sent to you, follow the ‘unsubscribe’ link and/or instructions placed (normally) at the bottom of the email but please note that (i) this method may only unsubscribe you for the newsletter or other communication that you have received and you should use one or more other methods if you want to opt-out of all marketing communications (ii) if you have registered and have an account you may login and amend your marketing communication preferences in the account settings and (iii) you can contact us using the details in the “Contact Us” of the relevant Site or contained in the MHT Projects Privacy Policy in order to change your marketing communications preferences.
Copyright
Copyright in the Content, including but not to limited to text, photographs, images, pictures, music, audio, audiovisual and any other work provided by MHT Projects belongs to MHT Projects or its licensors.
Duplication, public transmission, modification, deletion or reproduction of the Content without the express permission of the copyright holder, whether MHT Projects, the original author or another entity, is prohibited except for printing and storage for personal use or other specific use permitted under copyright law.
Permission to use the Content may be obtained by contacting MHT Projects. Note that permission to use the Content may be refused by MHT Projects in its sole discretion.
Trade marks, etc.
Rights to the trade marks, logos, product names and other intellectual property (collectively, “IP”) appearing on the Website belong to MHT Projects or to other entities. The use of any IP without permission from MHT Projects or the right holder is prohibited, except for specific use permitted under trade mark law or other laws. You are requested to contact MHT Projects before making use of any IP appearing on the Website.
Linking to the website
Prior approval must be obtained from MHT Projects to link to the Website. Approval to link to the Website will be refused if any of the following is or is suspected to be the case:
• if the website linking to the Website is defamatory to MHT Projects, its officers or employees;
• if the website linking to the Website contains content that may damage the goodwill and/or reputation of MHT Projects;
• if the format of the link makes it unclear that the material it references comes from the Website;
• if the link is presented in a manner that suggests a collaborative or cooperative relationship between the website and MHT Projects or that MHT Projects certifies or supports the website on which the link appears; or
• if the link is considered by MHT Projects to be inappropriate for any other reason.
If approval is given by MHT Projects to another website operation to link to the Website, then the other website operation must comply with the following:
• may link but not replicate the Content without MHT Projects’s consent;
• must not create a browser, frame or border environment around the Content without MHT Projects’s consent;?
• must not imply that MHT Projects is endorsing it or its products or services without MHT Projects’s consent;
• must not misrepresent its relationship with MHT Projects;?
• must not present false, misleading or disparaging information about MHT Projects’s products or services;
• must not use MHT Projects’s trade marks without permission from MHT Projects; and
• must not contain content that could be construed as distasteful, offensive or controversial and should contain only content that is appropriate for all age groups.
MHT Projects may at any time require removal of any link to the Website even if approval has previously been granted.
Links from the website
MHT Projects may provide links from this Website to other websites. Any links provided are for your convenience only and are not an endorsement of third-party companies or products referred to on those websites (unless otherwise stated).
MHT Projects has no control over third-party websites. MHT Projects makes no representation or warranty, either expressed or implied, as to the content, condition or operation of any third-party website linked to or from this Website. MHT Projects will not be liable for any damages or injury arising out of or resulting from access to or use of third-party websites. If you click on a link to another website, you do so entirely at your own risk.
MHT Projects recommends that you check the conditions of use, privacy policy etc of websites linked to or from the Website before accessing those websites.
Our websites also contain features such as embedded video provided by third parties through their Application Program Interfaces (“API’s”) that is bound by API’s terms of use. Depending on how you interact with these features your information may be shared to these providers. For more information about features’ terms of use, please visit each providers’ website.
YouTube API Services are used to play videos on our websites. Further information on the services and features of the service can be found in YouTube Terms of Service and on usage of your information in Google Privacy Policy.
Governing Law
These Terms of Use shall be governed by and construed in accordance with of the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
If any provision of these Terms of Use shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Amendments
Amendments to these Terms of Use will be posted on this web-site and will be effective when posted. We recommend that you check the Terms of Use from time to time if you visit the Website regularly.