These Terms of Use apply to your use of this website with the URL address www.mtwellingtoncablecar.com and any project subsidiary website (collectively the “Website”) owned, managed and/or operated by Mount Wellington Cableway Company Pty. Limited. Pty. Ltd. (ABN 34 124 585 208 ) (collectively “MWCC” or “Mount Wellington Cableway Company Pty. Limited.”) (referred to as “we”, “us” and “our”).
By accessing or using this Website you agree to accept these Terms of Use. If you do not accept these Terms of Use you must not use this Website.
We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use, as amended.
In addition to the provisions of these Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.
CONTENT, TRADEMARKS + COPYRIGHTS
Unless otherwise indicated, all materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by MWCC. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
You acknowledge and agree that if you contribute to the Content of this Website, such Content:
· is either owned by you or by a third party which has given you permission to contribute such Content to the Website;
· will not contain any third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material; and
· will become our property and you hereby assign, or will procure the assignment of, all rights, title and interests in and to such contributions to us.
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”) will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purposes whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
Any trademarks appearing on this Website are the trademarks of the relevant owner. You must not use any trademarks that appear on this Website without the prior written consent of the trade mark owner.
LINKS TO OTHER WEBSITES
This Website may contain links and other pointers to external websites operated by third parties. Any such website is not under our control and we do not take any responsibility for the contents of any such site.
In particular, and to the extent permitted by law, MWCC makes no warranties or representations:
· regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through third party websites; or
· that third party material does not infringe the intellectual property rights of any person. MWCC is not authorising the reproduction of third party material by linking material on this Website to any third party material.
You take sole responsibility for the use of any external website.
You must not create a link to this Website from another website or document without our prior written consent.
SOFTWARE DOWNLOADS
Any software that is available to download through links from this Website is a third party product unless otherwise indicated. Your use of that software may be subject to a licence agreement between you and the software owner. To the extent permitted by law, MWCC accepts no liability in respect of such third party software and MWCC provides no warranty and gives no endorsement in respect of such products or any party connected with them.
WARRANTIES AND DISCLAIMERS
The Content and this Website are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, MWCC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. MWCC does not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware or software you are using to access it. You assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make representations regarding the use or the results of the use of this Website or its content in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The content of the Website may contain general information about MWCC’s investments, products and services. Unless expressly stated otherwise, the content of the Website does not:
· constitute an offer or inducement to enter into a legally binding contract;
· form part of the terms and conditions for our investments, products and services;
· purport to provide you with personal, financial, taxation or investment advice of any kind; or
· take into account of your particular financial position or requirements.
The Website may include information about investments and their prices. Unless expressly stated otherwise, the content of the Website does not reflect the current or “real time” price of the investment. Any information on this Website relating to the distribution history or performance history of any investment should not be taken as an indication of the future performance of the relevant investment. MWCC does not guarantee the repayment of capital, the performance of or any particular rate of return from any investment. Investments in Mount Wellington Cableway Company Pty. Limited., is subject to investment and other risks, including loss of income and principal invested.
Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.
Your use of this Website including all Content is at your own risk. Before taking or refraining from any action in reliance on the Content or the Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content or the Website, including any information, predictions, opinions and statements contained in this Website.
LIABILITY AND COMPLYING WITH LAWS
To the maximum extent permitted by law, and except to the extent expressly specified or referenced in these Terms of Use, Mount Wellington Cableway Company Pty. Limited. is not liable (whether in contract, tort, under statue or otherwise) for any loss of profit or revenue, loss of use, legal costs and defence or settlement costs) that you or any other person incurs arising directly or indirectly out of or referable to material on this Website or to third party material.
Liability of Mount Wellington Cableway Company Pty. Limited. for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows.
USER CONDUCT
You are responsible for all of your activity in connection with accessing and using this Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from another user of this Website.
In accessing this Website, you must not:
· disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
· disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
· use any robot, spider, other automatic device or manual process to monitor, copy of extract any web pages on the Website, or any of the Content, without our prior written permission;
· take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
· reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with this Website or any part thereof;
· use this Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
· engage in any kind of illegal, criminal or tortuous activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of application export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code; or
· attempt to obtain unauthorised access to this Website or parts of this Website.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website.
You must comply with all applicable local, state and international laws and regulations that relate to your use of or activities on this Website, including laws of the country in which you reside or from which you access this Website. We reserve the right to report potentially criminal activity to the appropriate law enforcement agencies.
INDEMNITY
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or related to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.
PRIVACY
Mount Wellington Cableway Company Pty. Limited. treats personal information with respect and integrity. Our Privacy Statement explains how personal information will be treated as you access and interact with this Website and can be accessed here.
GENERAL
Any part of these Terms of Use must be read down to the extent necessary to prevent that part or these Terms of Use being invalid, voidable or unenforceable in the circumstances. Despite that reading down, if a part of these Terms of Use is still invalid, voidable or unenforceable, and if the part would not be valid or voidable if a word or words were removed, then that word or those words will be deleted and the rest of these Terms of Use will continue to be fully enforceable.
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
These Terms of Use are governed by and construed in accordance with the jurisdiction of Tasmania, Australia.
