Terms and Conditions

MPM Access & Hire Pty Ltd - Website Terms of Use

 

MPM Access & Hire Pty Ltd, its affiliates and subsidiaries welcomes you. The following Website Terms of Use Agreement (the "Agreement") governs your access to and use of this website (the "Service"). Please review this Agreement carefully. By accessing and using the Service, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

1. Copyright Rights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, organization, design, compilation, magnetic translation, digital conversion, and arrangement of such content, are owned by MPM Access & Hire Pty Ltd or its third-party licensors, to the full extent provided under the Australian Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of MPM Access & Hire Pty Ltd or any third party.

The Service and the information contained in reference herein are for informational purposes only. You are hereby authorized to download information from this website for the sole purpose of viewing. Any other use or reproduction, copying, redistribution or publication by you of any such matters on MPM Access & Hire’s website, including any derivative works, is strictly prohibited without the express written consent of MPM Access & Hire Pty Ltd.

Notwithstanding the above, MPM Access & Hire Pty Ltd authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MPM Access & Hire is prohibited.

2. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all MPM Access & Hire or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to MPM Access & Hire or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of MPM Access & Hire or any third party.

3. Modification of This Agreement

MPM Access & Hire reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use Agreement to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Service.

4. Links to Third-Party Services

MPM Access & Hire website contains links to other sites on the Internet. These sites are not under the control of MPM Access & Hire, is not responsible for the content, accuracy, legality or any other aspect of the content of such sites. The inclusion of any linked website on MPM Access & Hire website does not imply approval or endorsement of the linked website, or the products or services offered on the site, by MPM Access & Hire. MPM Access & Hire EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE THIRD PARTY WEBSITES AND THEIR CONTENT. If you decide to leave MPM Access & Hire’s website and access those third party websites, you do so at your own risk.

5. Obligations

You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from MPM Access & Hire. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

6. Prohibited Uses Generally

Without limiting the foregoing, you agree not to transmit, distribute or communicate information or other material to or through the Service that:
(a) is copyrighted, unless you are the copyright owner;

(b) reveals trade secrets, unless you own them;

(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by MPM Access & Hire in its sole discretion;

(e) is sexually-explicit;

(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or

(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;

(b) delete or revise any material or other information of any other user or MPM Access & Hire;

(c) harvest or otherwise collect information about others, including e-mail addresses, without their consent;

(d) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;

(e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;

(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Service other than the search engine and search agents available from MPM Access & Hire on the Service and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);

(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or

(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.

MPM Access & Hire also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

7. Privacy Policy

You agree and consent to the terms of the MPM Access & Hire Privacy Policy.

8. Disclaimers

MPM Access & Hire does not guarantee continuous, uninterrupted or secure access to its website, and your access to and the operation of this website may be affected by numerous factors outside of MPM Access & Hire’s control. In addition, MPM Access & Hire does not represent or endorse the accuracy or reliability of any of the information contained in this website. While the information contained herein is believed to be accurate, it may include errors, inaccuracies or omissions. You hereby acknowledge that reliance upon any of the information contained herein shall be at your sole risk and MPM Access & Hire shall not be liable for any errors, inaccuracies or omissions contained herein.

THE INFORMATION CONTAINED HEREIN IS PROVIDED ON AN "AS IS" BASIS AND MPM ACCESS & HIRE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE INFORMATION CONTAINED HEREIN.

9. Limitation of Liability

In no event will MPM Access & Hire or its affiliates, or any party involved in creating, producing or delivering this Service, or on any website linked to this Service, be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special or punitive damages OF ANY KIND, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MPM ACCESS & HIRE THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE. MPM ACCESS & HIRE EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE ANY INFORMATION POSTED ON THIS WEBSITE.

10. Indemnification

Upon a request by MPM Access & Hire, you agree to defend, indemnify and hold harmless MPM Access & Hire and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of information or material you submit to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.

11. Securities Laws

This website contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. These forward-looking statements may involve certain risks and uncertainties, which could cause actual results to differ materially, including cyclical demand, a consolidating customer base, product liability, availability of product components, the difficulty of integrating two business organizations and achieving potential business and operational synergies and other risks, as detailed in reports filed with the Securities and Exchange Commission by MPM Access & Hire. MPM Access & Hire’s website and the information contained herein does not constitute an offer or a solicitation of an offer for a sale of securities. None of the information contained in this website is intended to be, and shall not be deemed to be, incorporated into any of MPM Access & Hire’s securities related filings or documents. MPM Access & Hire disclaims any intention or obligation to update these forward-looking statements.

12. Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Sydney, New South Wales, Australia, excluding its conflict of law rules. You and MPM Access & Hire expressly agree to submit to the exclusive jurisdiction and venue of the state or Federal courts in the Commonwealth of Sydney, New South Wales, Australia, in all disputes arising out of or relating to the use of this Service.

13. Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and MPM Access & Hire and governs your use of this Service, super ceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MPM Access & Hire. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

14. No Waiver

The failure of MPM Access & Hire to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

15. No Professional Advice

Any information supplied by any employee or agent of MPM Access & Hire, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

16. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MPM Access & Hire as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of MPM Access & Hire’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by MPM Access & Hire with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. Termination

MPM Access & Hire reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without notice.

Date last modified: 25th June, 2012

Copyright © 2009 MPM Access & Hire Pty Ltd., All rights reserved.