The website located at www.mediablender.net (the “Website”) is owned, controlled and operated by Media Blender Pty Ltd (ACN 150 042 167) (“we”, “our”, or “us”).
The terms and conditions below (the “Website Terms”) apply to the accessing, browsing and use of the Website by you (the “User”, “you”, or “your”). The Website is available for you to use conditional on your acceptance of the Website Terms. By accessing, browsing or using the Website, you agree to be legally bound by the Website Terms. If you do not accept the Website Terms, you must not access or use the Website.
We may change the Website Terms at any time. Notice of any changes will be displayed on the Website. Your continued use of the Website following any change to the Website Terms shall mean that you accept that change and you will be bound by the Website Terms as varied. You should familiarise yourself with the Website Terms and check for updates regularly.
Any questions about these Website Terms can be directed to firstname.lastname@example.org.
Where a definition is used for the first time in the Website Terms, it will appear in bold text.
“Business” means the business we operate known as Media Blender, which develops software applications for accessing digital publications (such as magazines) and converts print publications into digitally-readable formats.
“Content” means all content on the Website including without limitation text, underlying source and object code, photographs, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
“Terms of Service” means an agreement setting out terms and conditions for all matters relating to services provided by the Business.
“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) such as (but not limited to) copyright, trade marks, designs and business names.
“Personal Information” means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, and not limited to information in a material form.
“User Content” means any Content that is shared via, or otherwise submitted or uploaded to, the Website by a User.
B. WEBSITE TERMS – GENERAL
1. Application of Website Terms
1.1 These Website Terms apply to all Users. By visiting, viewing, browsing, accessing or otherwise using the Website, you accept and agree to comply with these Website Terms.
1.2 The Website’s main function is to provide information, take enquiries about, and otherwise promote, the Business, and allow Users to enquire about our services. The terms and conditions applying to all services-related matters (such as terms of service, payment terms and log-in access conditions), are set down in our Terms of Service.
2. Your Obligations
2.1 Your access to, and use of, the Website, is subject to all conditions specified in these Website Terms.
2.2 You agree that you shall not:
a. Use the Website for any purpose that is illegal, unlawful or prohibited by these Website Terms;
b. Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Website or any Content, including (without limitation) through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code, or other illegitimate means;
c. Contact Users of the Website for the purpose of sending unsolicited offers, advertisements, spam, junk e-mails;
d. Contact Users of the Website for the purpose defaming, abusing, threatening or defrauding Users;
e. Impersonate any entity or falsely claim an affiliation with any person or entity;
f. Scrape or otherwise obtain any data from this Website for any purpose or use any Content to spam third parties.
2.3 You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.
2.4 We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorised use of our Website by you in breach of this clause, including technological barriers, IP mapping, and directly contacting your internet services provider (ISP) regarding the unauthorised use of our Website.
3. Intellectual Property
3.1 The Intellectual Property in the Website and all Content (“Website IP”) is exclusively owned and controlled by us and/or our third party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights. The Website IP remains our exclusive property throughout the world in perpetuity.
3.2 We provide you with a non-exclusive licence to access, use and make copies of the Website IP strictly as required for the ordinary use and browsing of our Website.
3.3 You hereby grant us a worldwide, non-exclusive, perpetual, transferable, sub-licensable, royalty-free licence to use, reproduce, copy, adapt, modify or disclose (in our sole discretion) any User Content.
3.4 You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have the express prior written authorisation of us. Any unauthorised use of Website IP by you is strictly prohibited.
3.5 We will respond to notices of alleged copyright infringement that comply with the Digital Millenium Copyright Act.
4. Disclaimers & Our Liability
4.1 Except for liability in relation to breach of any implied condition, warranty or guarantee including under the Competition and Consumer Act 2010 (Cth) the exclusion of which from a contract would contravene any statute or cause any part of these Website Terms to be void (“Non-Excludable Conditions”), your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and to the extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise), including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss.
4.2 If we are able to limit your remedy for a breach of any Non-Excludable Conditions, then our liability for breach of any Non-Excludable Conditions is limited to one or more of the following at our option:
a. For goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
b. For services, the supply of the services again, or the payment of the cost of having services supplied again.
4.3 We are not responsible for:
a. User Content or other material that is created, or otherwise appears via the Website. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website; and
b. Hyperlinks to third-party web services or host third-party information or content on the Website. All third-party content is the responsibility of its author, and we do not endorse or represent the views or opinions contained therein.
4.4 Subject to the application of any Non-Excludable Conditions, you hereby release us from all claims, responsibility and liability for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from any of the following matters (“Website Matters”):
a. The use of, or inability to use, the Website by Users;
b. Any User Content that is created, or otherwise appears, via the Website;
c. Any content (which is not User Content) that appears via the Website;
d. Any failure by Users or other third parties to provide any information, service, feature or functionality via the Website; and
e. Use of third-party services (including any sharing to third-party websites) in conjunction with the Website by Users.
4.5 You hereby acknowledge and confirm that you are on notice of our disclaimer of warranties and limitation of liability set out in this clause and elsewhere in these Website Terms (“Disclaimers & Limitations”) and expressly agree to these Disclaimers and Limitations as a condition of using the Website.
4.6 As a further condition of using the Website, you must indemnify us against all quantifiable and reasonable loss and/or damage suffered by us (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a direct result of you breaching a term of these Website Terms.
5. Jurisdiction & Choice of Law
5.1 These Website Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principles. Any claim, cause of action or dispute arising out of these Website Terms will be resolved exclusively in the the courts of Victoria, Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
6.1 In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Website Terms and these Website Terms shall be construed as if such provisions had never been contained herein.
7.1 In order to provide access to the Website, we need to handle your Personal Information.
7.2 The kinds of Personal Information we may collect through the Website about you include your name, email address, physical address, phone number and business/company name.
7.3 We may also collect information relating to the geographical location of the device you are using to access the Website, your IP address and your browsing activity on the Website. We collect this information through the use of browser cookies and Google Analytics, which may also result in the collection of non-personal statistical information. We use browser cookies and similar techniques to assist us to deliver targeted advertising to you, which may be through third-party websites. You may ‘opt out’ of cookie technology by adjusting the settings on your browser, although this may affect the way you experience the Website. We endeavour to collect this information in a way that will avoid aggregation that might identify you individually, but we cannot guarantee that any of the information we collect under this clause will not include your Personal Information.
7.4 We will take reasonable steps to destroy or de-identify Personal Information when we do not need it. However, it is your responsibility to ensure that you do not provide us with any Personal Information that we did not request.
7.5 These Website Terms do not exhaustively list the ways in which we may collect Personal Information or the kinds of Personal Information we may collect.
7.6 We collect, use and share Personal Information where reasonably necessary for the proper function of the Website and to help us run our Business effectively, including for the following purposes:
a. To understand usage trends and patterns and improve Users’ overall experience of the Website;
b. To fix problems and respond to feedback, enquiries and complaints;
c. To enforce any agreements between a User and us, such as the Terms of Service or these Website Terms;
d. To allow us to run our Business and perform administrative and operational tasks.
7.7 Privacy legislation caters for particular situations called “permitted general situations” where we may be required to disclose your Personal Information outside of the purposes listed above, such as to lessen or prevent a serious threat to public health or safety, or to assist in locating missing people. Other laws, or a court, might also legally compel us to disclose Personal Information.
7.8 We may store Personal Information in a variety of ways, including in the cloud or other types of networked or electronic storage. In particular, Users should be aware that their billing and payment information may be retained on file (including through accounting software and electronic databases) to enable us to process payments for our services, as further detailed in our Terms of Service. We may store and make back-up copies of Personal Information to ensure that we are able to recover information if our systems experience a fault or outage.
7.9 We may also use Personal Information to directly respond to your enquiries, notify you of new developments to the Website, and/or offer you new products and services. By using the Website, you consent to receiving such marketing communications. In delivering such communications, we may contact you via e-mail or any other means nominated by you. If you do not wish to receive direct marketing communications from us, you may opt-out by contacting email@example.com.
7.10 We take no responsibility for the privacy practices of any third parties that we may link to on the Website. All third parties will handle your Personal Information in accordance with their own privacy practices and policies.
7.11 We take the security and safety of Personal Information seriously. We will take all reasonable steps to protect Personal Information from misuse, interference and loss, and unauthorised access, modification or disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure and we cannot guarantee that your use of the Website will be free from viruses, surveillance or interception.
7.13 If you have any questions about how we handle Personal Information or if you would like to access or correct any Personal Information we hold about you, please contact us at any time by emailing firstname.lastname@example.org. For further information on online privacy rights, please contact the Office of the Australian Information Commission at oaic.gov.au/privacy.