Terms & Conditions
This website and the services made available via this website (“this Site“) are operated by Modern 42 Pty Ltd. Your access to and use of this Site is subject to these terms of use and any change to these terms as may be made from time to time. By accessing or using this Site in any way, you agree to and are bound by these Terms of Use.
How you agree to use this Site
Except as otherwise indicated to the contrary, you may view, download and print content available on this Site subject to the following conditions:
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you may not remove any copyright or other proprietary notices contained in the content of this Site;
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you may not use this Site for any activities which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standards or codes;
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you may not use this Site in a way which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying this Site;
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you may not obtain any materials or information through any means not intentionally made available through this Site;
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you may not use this Site to send unsolicited electronic mail messages to anyone;
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you may not use this Site to make any fraudulent or speculative enquiries, purchases, reservations or requests;
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you may not use another’s name, username or password without permission;
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you may not use this Site to transmit any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
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you may not tamper with, hinder the operation of or make unauthorised modifications to this site;
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you may not knowingly transmit any virus or other disabling feature to this site; and
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you may not attempt any of the above acts or permit another person to do any of the above acts.
Use of your personal login
Modern 42 Pty Ltd offers you the ability to access personal information using your personal login under these Terms and Conditions, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of your employer, as authorised by your employer.
Modern 42 Pty Ltd will address and send emails to you to the email address provided by you; you are solely responsible for ensuring that your contact details are current (including email address), your email service is operational and that you check your emails regularly.
Modern 42 Pty Ltd offers you the ability to use services incorporated within the Site under these Terms and Conditions, on the strict condition that You and your Company (if applicable) are solely responsible for all instructions or requests authorised using your personal login. Modern 42 Pty Ltd is entitled to rely on your personal login as conclusive evidence of your identity and authority without further investigation. You and your Company (if applicable) are solely responsible for any loss caused by use of your personal login by you or any other person.
You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of this Site by you or someone using your name and password.
Pricing
All prices displayed and products and services offered to be supplied on this site are subject to change without notice.
Security
For security reasons Modern 42 Pty Ltd may require you to re-authenticate yourself from time to time. Modern 42 Pty Ltd are not responsible for any information you may lose as a result of this security policy.
You are entirely responsible for maintaining the confidentiality of your username and password to your Login Account.
You must immediately notify Modern 42 Pty Ltd if you become aware that your Login has been compromised or is known to a third party.
Modern 42 Pty Ltd does not guarantee the security of this website or, that the access to the web site will be continuous or virus or error free.
Links to Third Party Sites
Modern 42 Pty Ltd assumes no responsibility for content published on third party sites to which this site is linked. These links are provided simply as a convenience to our users, and such link does not represent an endorsement, sponsorship, affiliation or association with that third party.
Limitation of Liability
To the extent permitted by law, neither Modern 42 Pty Ltd nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses (including but not limited to special or consequential damages) suffered by you or claims made against you through the use of this Site, any failure to provide access to this Site, or in connection with any content (including Sample Code) offered on this Site, even if Modern 42 Pty Ltd has been advised of the possibility of such damages.
To the extent permitted by law, neither Modern 42 Pty Ltd nor any of our officers, employees, agents or related bodies corporate will be liable for issues related to content submitted to the Site by Third Parties arising under the laws of Copyright, libel, privacy, obscenity, or otherwise. Modern 42 Pty Ltd also disclaims all liability with respect to the misuse, loss, modification, or unavailability of Third Party content.
You assume all responsibility and all risk for use of this Site.
Disclaimer of Warranty
To the extent permitted by law, all warranties, conditions and representations about this Site, the availability of this Site for access and use, the products and services advertised, offered to be supplied or supplied via this Site and the content (including Sample Code) provided on this Site are excluded.
All content (including Sample Code) on this Site is provided ‘as is’ without warranty of any kind. While Modern 42 Pty Ltd has tried to provide timely and correct information, there may be some inaccuracies that periodically appear. Modern 42 Pty Ltd makes no warranty or commitment to update the information.
You acknowledge that you have not relied on any representation made by Modern 42 Pty Ltd which has not been stated expressly in these Terms of Use.
Use of your unsolicited ideas
When you send us any feedback, suggestions, ideas or other materials in relation to or via this Website (including but not limited to ideas for advertising campaigns, new promotions, new products or technology processes, materials, marketing plans, new product names, creative artworks, samples or demos) you grant Modern 42 Pty Ltd an unrestricted, irrevocable, worldwide license to reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
You understand that Modern 42 Pty Ltd makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Copyright Issues
The Modern 42 logo is the copyright and trademark of Modern 42 Pty Ltd.
All other company, product and service names may be trademarks and service marks of their respective owners.
Modern 42 Pty Ltd , in appropriate circumstances will terminate user logins of accounts where intellectual property rights of others have been infringed. If you believe that your work has been copied in a way that constitutes infringement and that such infringement is occurring on this Site please notify Modern 42 Pty Ltd accordingly. You will need to provide full details of the infringement being claimed.
Goods and Services Tax
All prices quoted on this Site are GST exclusive.
Forward-Looking Statements
This Site may now, or hereafter from time to time, contain statements and information with respect to the future plans and operations of Modern 42 Pty Ltd, its products and its services. All such statements and information are forward-looking statements and are based upon, or will be based upon, Modern 42 Pty Ltd ‘s best judgement with respect to future events. As such, these statements and information are subject to the risk that if future events which are expected do not eventuate, the results or circumstances may differ significantly from those expressed as forward-looking statements. Such statements are only predictions and you acknowledge that actual facts may differ significantly.
Changes
Modern 42 Pty Ltd reserves the right to change these Terms and Conditions from time to time at its sole discretion. Notice of any material change to the Site will be posted on the Homepage of this site. Your continued use of the Site, after such notice has been posted constitutes your acceptance of the changes.
Termination
If, in Modern 42 Pty Ltd ‘s reasonable opinion, you breach any of these Terms and Conditions, we may suspend, terminate or limit your access to this Site and terminate the Terms of Use effective immediately.
Modern 42 Pty Ltd reserves the right to cancel your Login at any time without notice.
General Matters
This agreement is governed by the law in force in the State of New South Wales, Commonwealth of Australia.
If any of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.
You may not assign or transfer your rights or benefits under these Terms and Conditions to any other person or entity without the prior written consent of Modern 42 Pty Ltd.