FIRST: ACCEPTANCE AND TERMS OF USE
The use of this website (this “Website“) of Maxam Australia Pty Ltd and its affiliates
(collectively, “MAXAM“) is governed by these terms of use (“Terms of Use”) and,
therefore, any person accessing and/or using this Website (the “User”) must
comply with these Terms of Use. The User’s access or use of any part of this
Website presumes that the User read and accepted these Terms of Use and
constitutes the User’s agreement to abide by these Terms of Use in full. If the
User does not accept these Terms of Use, the User shall leave this Website
immediately. These Terms of Use only confer the User the right to use this
Website and do not confer the User any other right, license or authorisation in
relation to this Website or any MAXAM goods or services.
MAXAM reserves the
right, in its sole discretion and without prior notice, to modify, alter or
otherwise update these Terms of Use at any time, and the User’s continued use of
this Website constitutes the User’s agreement to be bound by such modifications,
alterations or updates.
SECOND: PURPOSE
The purpose of this Website is to allow
the User’s access to information and articles (written and graphic
documentation, files, photographs, pictures, recordings, software, drawings,
designs, graphics, sound files, image files, video, messages, materials, etc) in
connection with MAXAM and its goods and services (collectively, "Site
Materials").
The Site Materials are provided for general informational purposes
only, and are not intended to constitute, and should not be construed as, offer
to sell or distribute any goods manufactured and services rendered by MAXAM
(collectively, "Products"). Therefore, the User should not consider the Site
Materials to be an invitation to enter into any agreement, should not rely on
the Site Materials as true and accurate description of any Products for any
purpose, and should always contact MAXAM directly to purchase or otherwise
acquire any Products. MAXAM expressly disclaims any and all responsibility and
liability with respect to actions or omissions based on any Site Materials.
No
electronic trading is permitted through this Website.
THIRD: USE OF WEBSITE
Recognizing the global nature of the Internet, the User agrees to comply with
all applicable local rules regarding online conduct and acceptable content. The
User shall access and use this Website in good faith, according to general
customs and public order, and in a diligent, correct and lawful manner that
eliminates any damage, impediment or harm to this Website or any third party.
The User agrees to comply with all applicable laws regarding the transmission of
technical data exported from the home country of the User. MAXAM may deny the
User’s access to this Website or any Site Materials at any time and without
prior notice, in the event that the User does not comply with the Terms of Use
or fails to provide subscription information to access certain Site Materials.
MAXAM urges all parents and persons supervising children to instruct their
children on how to use the Internet in a safe and responsible way. Children
should not access this Website or any other MAXAM's website without permission
from their parents or the person supervising them. MAXAM does not target its
websites to children less than 18 years of age or knowingly collect information
from children for the purpose of selling Products.
MAXAM reserves the right to
suspend, interrupt, modify, discontinue or terminate this Website, temporarily
or permanently, at any time without notice. In relation to any Products, MAXAM
hereby informs and the User acknowledges that:
- The Site Materials on such
Products are not exhaustive and subject to periodic review and variations
depending on the conditions of use and maintenance (including external factors
such as humidity, temperature and pressure, among others);
- The manufacture,
import, export, storage, transport, distribution, marketing, consumption and use
of any Products may be subject to laws, authorisations, permits and licenses of
a relevant jurisdiction;
- The use or operation of any Products may be a
potentially dangerous activity and, consequently, must be restricted to
qualified and trained personnel and must comply at all times with appropriate
safety and risks prevention measures and with applicable laws.
Any email to this
Website and any reply thereto do not, in and of itself, create a legal
relationship, and a sender must have no expectation whatsoever of
confidentiality with regard to any information contained in his or her email(s).
The User shall not send any information to this Website that the User wishes to
keep confidential.
The User is not permitted to create a link to any part of
this Website other than the home page. Any linking permission does not create
legal relations between MAXAM and a holder of a webpage or portal which created
a link and does not constitute MAXAM’s acknowledgement and acceptance of
services and contents offered in such holder’s webpage or portal. MAXAM reserves
the right to withdraw linking permission without notice. Any link shall not
frame or reproduce, totally or partially, any part of this Website or create
similar visualization images or environments. Any information on the link to
this Website must be true, accurate and correct and may not include any
declaration that MAXAM authorised, supervised, assumed, accepted or approved
such link or any goods, information or services accessible through such link.
MAXAM may provide hyperlinks to a third-party webpage as a convenience to the
User. MAXAM does not control a third-party webpage and is not responsible for
and makes no representations concerning the contents, quality, accuracy, fitness
or privacy policy of any hyperlinked third- party webpage or any hyperlink in a
hyperlinked site. MAXAM does not endorse, recommend or approve any third-party
webpage or contents, services, information and declarations of any third-party
webpage hyperlinked from this Website. MAXAM shall have no liability to any
person for content or use of a third-party webpage available through such
hyperlink.
FOURTH: TREATMENT OF PERSONAL DATA
To use effectively this Website,
MAXAM may request and the User may provide his or her personal information (the
“Personal Data“) through subscription to certain Site Materials, exchange of
emails, supply of a Curriculum Vitae, the User’s Internet service providers when
visiting this Website (such as IP addresses), or otherwise customarily pertinent
to operation of a webpage of this nature. The Personal Data will be treated in
accordance with the legislation in force. MAXAM will not request the Personal
Data revealing the User’s ideology, union membership, religion, race, health or
sexual tendencies. The Personal Data will be stored in database owned by or
under control of MAXAM, and any inquiries with respect to such database
(amendment, removal, correction, update of the Personal Data) shall be emailed
to [maxamhelpdesk@maxam-corp.com].
The User
expressly agrees that, by providing the Personal Data to MAXAM, he or she
unequivocally consented for MAXAM to include the Personal Data in the relevant
database and manage and use the Personal Data to diagnose any problems with its
server and use for its own internal purposes (such as tracking Website usage),
to help the User with technical problems, to provide the User with direct
marketing and other information that MAXAM believes may be of interest to the
User, to review and respond to User’s emails, to improve and adapt the Site
Materials offered in or through this Website, to enforce compliance with these
Terms of Use. MAXAM may transfer the Personal Data overseas to any of its
affiliates for the above purposes. By providing the Personal Data, the User
agrees to transfer the Personal Data to, and store or process it at a
destination outside the User’s home country. MAXAM will take all steps
reasonably necessary to ensure that such Personal Data is treated securely and
in accordance with these Terms of Use.
MAXAM will not transfer or disclose any
Personal Data to any third party unless such access is necessary to enforce or
apply these Terms of Use or a contract between MAXAM and a data processing
contractor rendering services to MAXAM, which contract incorporates the
requirements for protection of the Personal Data. If any third party may have
access to the MAXAM’s database including the Personal Data, MAXAM will use its
best efforts to disassociate the Personal Data from the User. MAXAM may disclose
the Personal Data if required to do so by law or in the good faith belief that
such action is necessary to:
- conform to the applicable law or comply with
legal process served on MAXAM or this Website;
- protect and defend the
rights, property or safety of MAXAM, its customers, or others; or
- act in
urgent circumstances to protect the personal safety of the MAXAM employees or
agents, the users of Products, or members of the public.
MAXAM has commercially
reasonable procedures and security features consistent with industry practice to
prevent unauthorized access to the Personal Data. However, the User must be
aware that the transmission of information via the Internet is not completely
secure. Although MAXAM will do its best to protect the Personal Data, MAXAM
cannot guarantee the security of the Personal Data transmitted to this Website;
any transmission is at User’s own risk.
MAXAM has websites and computer
facilities in many countries. The User acknowledges that when the Personal Data
is submitted to this Website: (i) it may go to a country that has different
privacy laws than the home country of the User and (ii) it will be treated in
accordance with the laws of the country where the website or computer facilities
are located.
FIFTH: WARRANTIES AND LIABILITIES
The User expressly agrees that
all Site Materials or Products included in or available on this Website are
provided strictly "AS IS" and "AS AVAILABLE" for the User’s access or use
without representation or warranty of any kind on behalf of MAXAM or without any
liability of MAXAM resulting from the User’s access or use of this Website.
MAXAM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD
TO ANY SITE MATERIALS OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTIES THAT ANY SITE MATERIALS OR PRODUCTS ARE
ACCURATE, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT
ANY SITE MATERIALS OR PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
OR THAT THE USER WILL ACHIEVE SUCCESSFUL RESULTS UPON FOLLOWING ANY
INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THIS WEBSITE. THE
PROVISIONS CONTAINED IN THIS SECTION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW.
Under no circumstances shall MAXAM be liable under any theory of
recovery, at law or in equity, for loss, misuse, injury or any damages,
including without limitation, special, direct, incidental, consequential or
punitive damages (including, but not limited to loss of use, lost data, business
interruption or lost profits), arising out of or in any manner connected with
(i) the use of, or the failure to provide, any Site Materials or Products from
this Website; (ii) interference of any third party to a proper operation of this
Website, (iii) improper or illegal use of this Website by the User; (iv) failure
of security precautions to protect the Personal Data against any loss, misuse or
alteration, and (v) linking to this Website or use of such link.
The access and
use of this Website or the Site Materials is at the User’s sole and exclusive
responsibility. Such responsibility shall include the User’s use of any password
or similar encryption to access this Website or any Site Materials. If MAXAM
incurs any damage or loss as consequence of the User’s incompliance with these
Terms of Use or with any applicable law, the User shall be liable for such
damages or losses.
SIXTH: EXPORT CONTROL
All Site Materials or Products are
subject to the applicable export and import laws and regulations. Diversion of
such Site Materials or Products contrary to the applicable law is prohibited. No
Site Materials or Products acquired through the use of this Website may be
acquired for, shipped, transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals, nor may they be used for
nuclear activities, chemical biological weapons, or missile projects, unless
specifically authorized by the applicable government for such purposes. The User
shall comply strictly with all applicable export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be required.
SEVENTH: INTELLECTUAL PROPERTY RIGHTS
The entire content of this Website
including the Site Materials are copyright © [1992] - 2010 MAXAM. All rights
reserved. The User may not reproduce, store, post, amend, alter or otherwise
modify the Site Materials without the written permission of MAXAM. The User
shall withhold distributing the Site Materials to general public, unless such
distribution is expressly authorised by MAXAM. Any person is authorized to use,
copy, and distribute any complete page, or where a document consists of more
than one page any complete document, contained on this Website, including
related graphics, subject to the following conditions:
- Copying or distributing
less than a complete page or (where a document consists of more than one page)
the complete document is prohibited;
- The copyright notice of MAXAM or
appropriate owners and this permission notice must appear on all copies;
- Use,
copying and distribution shall be solely for informational, non-commercial
purposes; and
- No graphics elements of any page or document on this Website may
be used, copied or distributed separate from the accompanying text.
The MAXAM
trademarks contained in this Website are registered and protected by law, and
therefore reproduction or use of such trademarks without proper authorisation of
the respective trademark owner is strictly prohibited.
If any industrial or
intellectual property rights of the User or any third party have been violated
in this Website, the affected party must contact MAXAM, in
writing, by registered mail and with receipt of delivery, setting out the
alleged violation in a clear, precise and detailed manner. Such communication
must include details of the affected party (full name, address, e-mail and
telephone number), affected party’s or its representative’s authentic signature,
any proof of the alleged violation, and express declaration of the affected
party confirming the veracity of information provided through such
communication.
EIGHTH: UPDATE OF WEBSITE
MAXAM may, in its sole discretion and
without prior notice, modify, alter or otherwise update any Site Materials or a
structure and design of this Website at any time. Any Site Materials are current
as of their date of publication and do not necessarily reflect the present state
of matter, and MAXAM is under no obligation to update such Site Materials. The
Site Materials may include inaccuracies or errors.
NINTH: COOKIES
If the User
registers on this Website and in certain other instances, MAXAM may use
"cookies" that are used to store and sometimes track the User’s preferences in
order to provide the User with customized and personalized services. A cookie is
data sent to the User’s Internet browser from a web server and stored on the
User’s computer hard drive. Cookies make a web experience easier by storing
passwords and preferences. Cookies are used by most Internet web sites.
The User
can adjust his or her browser settings to refuse all cookies or to inform when a
cookie is being placed on a hard drive. However, the User’s election not to
accept cookies may diminish his or her experience with web sites because of
additional time needed to repeatedly enter personal identifying information.
TENTH: APPLICABLE LAW AND JURISDICTION
Any claim with respect to the Terms of
Use, the Site Materials or legal notice contained in this Website shall be
governed by, and construed in accordance with, the laws in effect in Australia
without giving effect to the conflict of law provisions of any jurisdiction.
Any
dispute or claim arising out of or in connection with the use of this Website
shall be referred to and resolved by the courts of the city of Brisbane (Australia).
The User irrevocably waives any objection it may have on any grounds whatsoever
to the laying of venue of any legal action or proceeding and any claim it may
have that any such legal action or proceeding has been brought in an
inconvenient forum.
ELEVENTH: LEGAL NOTICES
To comply with applicable laws, the
following general information is included on this Website with respect to:
Maxam Australia Pty Ltd
- Corporate address: 141 Boundary Road, Oxley Queensland 4075, Australia
- Postal Address: PO Box 948, Sumner Park, Queensland 4074, Australia
- E-mail: info@maxam-int.com.au