Site Disclaimer / Terms of Use

 

Thank you for visiting the Metamako Website ("Site") which is operated by Metamako General Pty Ltd (ACN 163 573 331) acting in its capacity as general partner of Metamako L.P. (ABN 68 582 131 276) ("Metamako" or "we").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

To contact us, please email dataprivacy@metamako.com.

 

1. Access and use of this Site

a) Access to and use of this Site is provided strictly subject to these terms of use.  By entering and using this Site you accept, without limitation or qualification, these terms of use (collectively, the "Website Terms").  You must not use this Site if you do not agree to be bound by these Website Terms.

b) Except as otherwise expressly stated on this Site and to the full extent permitted by law, this Site and all information contained within it regarding or relating to Metamako and its related entities, products and services is provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied.

2. Liability

a) Your use of this Site is at your own risk.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Subject thereto, neither Metamako nor any party involved in creating, producing or delivering this Site accepts any liability for the accuracy, timeliness or completeness of the information contained on this Site or any responsibility for any errors or omissions in the content on this Site whether or not Metamako is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract.

b) Metamako does not guarantee that the functions contained on this Site will be uninterrupted or error free and does not warrant that this Site or its server is secure or free of computer viruses, bugs or other harmful components or that defects will be corrected even if Metamako is aware of them. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

c) Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Website Terms must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in these Website Terms, to the extent to which Metamako is entitled to do so, Metamako limits its liability in respect of any claim under those provisions to:

                                      i.     the supply of the services again; or

                                     ii.     the payment of the cost of having the services supplied again.

d) You hereby indemnify and hold harmless Metamako and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:

                                      i.     your breach of these Website Terms; and

                                     ii.      any act of fraud or wilful misconduct by or on behalf of you.

 

3. Modification of Website Terms

a) Metamako reserves the right to change, modify, add or remove sections of the Website Terms and to add to, change or discontinue the information contained in, or any other aspect of, this Site at any time and without liability.  We will notify you of such changes by posting an updated version of the Website Terms on our Site.  Please check this Site regularly for changes as your continued use of this Site signifies your acceptance of any changed Website Terms.

4. Other rights

a) Unless otherwise noted, all materials on this Site are protected as copyright, trade names, trademarks or are other intellectual property owned by Metamako and/or its related entities or by other parties that have licensed their material to Metamako.  Other than viewing and downloading content from this Site for purposes permitted on this Site, you do not have the rights to use these intellectual property rights without the written permission of their owner.  You agree that you will not use this Site for any unlawful purpose.  You will not violate or attempt to violate the security of this Site.

b) All rights not expressly granted are reserved. “Metamako”, our logo and many of our product and service names are registered trademarks. You must not use our trade marks without our prior written consent.  All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.

5. Privacy, Cookies, Security

a) Any personal information collected by Metamako will be dealt with in accordance with Metamako’s Privacy Policy, the terms of which are available at Privacy Policy.

b) We may use cookies, weblogs and similar technology to identify your computer on our server and also to track your use of this Website. In some instances, these technologies may collect and store personal information about you.

c) With respect to the password accessible areas of the website, you are solely responsible for maintaining the confidentiality of your login and password information. You must not share your login or password information.

 

6. Restrictions on use

a) Unless, and only to the limited extent you are explicitly authorised to download software updates and upgrades from our site, your use of the materials on this Site is only for informational purposes. You agree you will not distribute (including, without limitation, making available online, electronically transmitting or otherwise communicating to the public), publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify and hold harmless Metamako for any and all unauthorised uses you may make of any materials on this Site. You acknowledge the unauthorised use of the contents could cause irreparable harm to Metamako and that in the event of unauthorised use, Metamako shall be entitled to seek an injunction in addition to any other remedies available at law or in equity.

b) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

 

7. Links to external sites

a) Links may be included on this Site which will allow you to connect with sites that are not under our control.  Metamako is providing these links only as a convenience.  The appearance of a link does not imply Metamako' endorsement, nor is Metamako responsible for the contents of any linked site.  You access them at your own risk.  Subject to any non-excludable rights, Metamako disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise for any materials or information contained on such sites. You should carefully review the terms of use and privacy policies of all external websites that you visit.

 

8. General

a) Metamako may assign these Website Terms provided that the relevant assignee undertakes to perform all of Metamako's obligations herein. Subject to the foregoing, neither party may assign these Website Terms in whole or in part.

 b) The indemnities in these Website Terms are:

           i.     continuing obligations of the parties, separate and independent from their other obligations and survive termination of these Website Terms; and

           ii.     absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.

c) These Website Terms will be governed by the laws of New South Wales, Australia, and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any of the Website Terms are found to be unenforceable under New South Wales law, this will not affect the remainder of these Website Terms.

August 2018