Terms & Conditions
These terms and conditions apply to the use of this website, including the purchase of any Member Services offered over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website or Member Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the website and Member Services including MAD Design Australia Pty Ltd Anti Spam Policy.
MAD Design Australia Pty Ltd ABN 83 117 378 917
In these terms and conditions, the expressions we, us and our, are a reference to MAD Design Australia Pty Ltd.
Member Service means MAD Design Australia Pty Ltd online member service, including but not limited to the proprietary or administration software provided by us to any Licensee or Member, or any rights of access to our website and its products.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Grant of License
MAD Design Australia Pty Ltd grants to the member a non-exclusive right during the term of this agreement to use the Member Services pursuant to the terms and conditions set out herein. Your use of the Member Services confers no title or ownership in the Member Services. All ownership rights remain in MAD Design Australia Pty Ltd.
In order to be able to access the information offered in the Member Services area, you must become a member. To become a member, you must complete your registration details in the manner described on the website.
We reserve the right to terminate your membership at any time if you breach these terms and conditions.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
You agree not to use our products or services for any unlawful purpose (whether known or not) or in any manner which may infringe or violate any third parties rights. You further agree that you will not use our service to transmit or upload any harmful files or unsolicited e-mail addresses. You further agree that you will not use our service to transmit any unsolicited messages.
You agree to use our services in an acceptable manner where your use is concurrent with the expected usage of our member services. You further agree not to upload files for distribution via other electronic means or any other usage that may be considered unfair, deceptive or illegal or which contains prohibited or potentially prohibited content which is (or would be) classified RC or X by the Classifications Board or classified R by the ABA and which must comply with any other applicable law.
You agree that you are solely responsible for complying with any law (whether in existence now or in the future) which may apply to you or us, which is in any way is connected with the use, or otherwise, of our products or services.
You must not disclose any user ID, password or other log in information to any person.
Upon registration, you will be provided with a password and account designation. You agree to pay for our services in the manner specified on the website or any other document that specifies pricing. MAD Design Australia Pty Ltd reserves the right to adjust any pricing for any of its products and services. MAD Design Australia Pty Ltd will inform members of such adjustments at which time the member has the option to terminate their membership as described under 'Termination of Access' within these Terms and Conditions.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products offered by us may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representation or warranty that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service. You agree to use our information service for lawful purposes only.
You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) on a full indemnity basis, which may be instituted against us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these terms and conditions.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of your Membership Services or this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods or services acquired from us over this website will meet your requirements.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia ) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this website (including text, graphics, logos, business names, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website; without our written permission.
This website includes trade marks which may be the subject of registration applications.
You must not use any of our intellectual property:
In or as the whole or part of your own trade marks or business name or company name;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 website).
You must not authorise or assist any person to do any of the acts specified above. By using the member services, you agree that company Trade Marks may accompany information or services being accessed, viewed and or sent from our services.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this website and our services may be terminated at any time by us without notice. Members may terminate his/her or its access at any time by notifying MAD Design Australia Pty Ltd in writing. Our disclaimer and indemnity nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in New South Wales . You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
To Return to the Website or Member Services
All product specifications and data are subject to change without notice and believed to be correct at the time of publication. MAD Design Australia Pty Ltd, its affiliates, agents, and employees, and all persons acting on its or their behalf (collectively, “MAD Design Australia”), disclaim any and all liability for any errors, inaccuracies or incompleteness contained herein or in any other disclosure relating to any product. MAD Design Australia disclaims any and all liability arising out of the use or application of any product described herein or of any information provided herein to the maximum extent permitted by law. The product specifications do not expand or otherwise modify MAD Design Australia P/L’s terms and conditions of purchase, including but not limited to the warranty expressed therein, which apply to these products. No license, express or implied, by estoppel or otherwise, to any intellectual property rights is granted by this document or by any conduct of MAD Design Australia. Customers using or selling MAD Design Australia products not expressly indicated for use in such applications do so entirely at their own risk and agree to fully indemnify MAD Design Australia for any damages arising or resulting from such use or sale. Please contact authorised personnel from MAD Design Australia to obtain written terms and conditions regarding products designed for such applications.