Website Terms of use

v.3 – 27/02/15

WELCOME TO THE MWS TECHNOLOGY PTY LTD WEBSITE TERMS OF USE. THESE TERMS OF USE APPLY TO THE USE OF THIS WEBSITE AT mwstechnology.com.au.  BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

The www.mwstechnology.com.auwebsite is operated by:

MWS Technology Pty Ltd, a company registered in Melbourne, Australia, whose registered office is at 13th Floor, 10-16 Queen Street, Melbourne, Vic. 3000.

Our company registration number is 603256999.

Our ABN number is 73603256999.

Our contact details are as follows:

Trading address: Level 8, 350 Collins Street, Melbourne, Vic. 3000

General email: info@mwstechnology.com.au

Telephone number: 1300 195 225

1. INTRODUCTION
1.1 You will be able to access many areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register or subscribe.
1.2 We may revise these terms of use at any time by updating this posting. You should check this Website from time to time to review the then current terms of use, because they are binding on you. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms of use after we have given notice, you should not continue to use this Website.

2. SUBSCRIBING
2.1 You are deemed to obtain a subscription by completing our online sign up process. As part of this process you will be given the opportunity to check your subscription and to correct any errors.
2.2 Our acceptance of your subscription takes place when we process your subscription. We will send you a confirmation by email.

2. CANCELLATIONS

2.1 If you wish to cancel your subscription you can notify us using the relevant button on our website or by email to cancellations@mwstechnology.com.au.
2.2 The provisions of this clause 2 do not affect your statutory rights.

3. LICENCE
3.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms of use, any use of extracts from this Website other than in accordance with clause 3.1 above for any purpose is prohibited. If you breach any of the terms in these terms of use, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
3.3 Subject to clause 3.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.

4. SERVICE ACCESS
4.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

5. VISITOR MATERIAL AND CONDUCT
5.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Australia or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 5.2 or 5.3.

6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Myworksearch Limited logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any MWS Technology Pty Ltd trade marks displayed on this Website without our express written permission;
(f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 6.2 for breach of these terms and to take any action we deem appropriate.
6.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 6.2.

7. REGISTRATION
7.1 To register with www.mwstechnology.com.au you must be over sixteen years of age.
7.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network nor transfer your subscription to a third party.
7.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
7.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms of use.

8. DISCLAIMER
8.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
8.2 The material on this Website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms of use might have effect in relation to this Website.

9. LIABILITY
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.2 We obtain vacancies from a variety of websites. Third parties over whom we exercise no control have created these vacancies. Our job search results are indexed in an automated manner and we do not review, critique or screen the jobs. We assume no responsibility for the content of any job listing or website that is either included in our search results or linked to by us.
9.3 Nothing in these terms of use shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
9.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms of use by you, or your use of this Website, or the use by any other person using your registration details.

10. COMPLAINTS PROCEDURE
MWS Technology Pty Ltd is committed to providing a high level service to our customers. If you are dissatisfied we need you to tell us about it so we can resolve your concern as well as improve our standards.

If you have a complaint, please contact us by telephone at 1300 195 225, or by email at info@mwstechnology.com.au or write to:

MWS Technology Pty Ltd,

Level 8, 350 Collins Street,

Melbourne, Victoria, 3000

It is usually easier and faster to deal with complaints by telephone so if you email or write to us please provide a daytime telephone number so we can call you.

Once we receive your complaint we will:
(a) Acknowledge your complaint within 2 working days of receipt to let you know the reference number, the name of the person who will be dealing with your complaint, and if we need any further information. If our acknowledgement is sent by post please allow 3 working days for it to arrive.

(b) Once all the information needed to resolve your compliant has been received, we will respond to you within 2 working days of receipt.

(c) If you are not satisfied with our response, you can contact our General Manager, Jeff Wigney by writing to him at the above address.

11. GOVERNING LAW AND JURISDICTION
11.1 These terms of use shall be governed by and construed in accordance with Australian law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Australian courts.
11.2 We do not warrant that materials on the Website are appropriate or available for use outside Australia. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the Australia, you do so at your own risk and you are responsible for compliance with local laws.

12. MISCELLANEOUS
12.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms of use
12.2 If any provision of these terms of use is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
12.3 Only the parties to these terms of use may seek to enforce them.