| |
1. ACCEPTANCE OF TERMS
Welcome to MYCT. MYCT provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most current
version of the TOS at any time at: http://www.myct.com.au/terms.htm. In addition, when using
particular MYCT services, you and MYCT shall be subject to any posted
guidelines or rules applicable to such services that may be posted
from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS.
2. DESCRIPTION OF SERVICE
MYCT currently provides users with access to a rich collection of
resources, tools, personalized content and branded programming through
its web site (the "Service"). You also understand and agree that
the Service may include advertisements and that these advertisements
are necessary for MYCT to provide the Service. Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new MYCT properties, shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that MYCT assumes no responsibility for the
timeliness, deletion, miss delivery or failure to store any user
communications or personalization settings.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet Service Provider
(ISP) charges). You are responsible for those fees, including those
fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or MYCT has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, MYCT
has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof).
4. MYCT PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.myct.com.au/privacy.htm.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive an MYCT account with username and password access
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the username and password,
and are fully responsible for all activities that occur under your
account. You agree to (a) immediately notify MYCT of any unauthorized
use of your account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. MYCT
cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, photographs,
graphics, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you,
and not MYCT, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the
Service. MYCT does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will MYCT be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
| a. |
upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity, including, but not limited
to, a MYCT official, support person, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service; |
| e. |
upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements); |
| f. |
upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party; |
| g. |
upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation; |
| h. |
upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; |
| i. |
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service; |
| j. |
intentionally or unintentionally violate any applicable local,
state, national or international law, and any regulations having
the force of law; |
| k. |
collect or store personal data about other users. |
You acknowledge that MYCT does not pre-screen Content, but that
MYCT and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, MYCT and its designees
shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by MYCT or submitted to MYCT, including without
limitation information in MYCT sample contracts, MYCT sample quote
letter, MYCT sample standard specification, and in all other parts
of the Service.
You acknowledge and agree that MYCT may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of MYCT,
its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. INDEMNITY
You agree to indemnify and hold MYCT, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MYCT may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that
may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on MYCT's servers on your behalf,
and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree
that MYCT has no responsibility or liability for the deletion or
failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that MYCT reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that MYCT
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
MYCT reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that MYCT shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. TERMINATION
You agree that MYCT, in its sole discretion, may terminate your
account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if MYCT believes that you
have violated or acted inconsistently with the letter or spirit
of the TOS. MYCT may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to
the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that MYCT may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files
or the Service. Further, you agree that MYCT shall not be liable
to you or any third-party for any termination of your access to
the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that MYCT shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because MYCT has no control
over such sites and resources, you acknowledge and agree that MYCT
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that MYCT shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
14. MYCT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by MYCT or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole
or in part.
MYCT grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided
by MYCT for use in accessing the Service.
MYCT reserves the right to create an Internet based construction
buyer group and receive payments direct from participating suppliers
and/or contractors to cover marketing and administration.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYCT EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| b. |
MYCT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MYCT OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYCT SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF MYCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
MYCT and its licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on
such information.
19. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
20. TRADEMARK INFORMATION
MYCT, the MYCT logo, and other MYCT logos and product and service
names are trademarks of MYCT (the "MYCT Marks"). Without MYCT's
prior permission, you agree not to display or use in any manner,
the MYCT Marks.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MYCT and
govern your use of the Service, superseding any prior agreements
between you and MYCT. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and MYCT shall be governed by the laws of the State of Queensland,
Australia without regard to its conflict of law provisions. You
and MYCT agree to submit to the personal and exclusive jurisdiction
of the courts located within the State of Queensland, Australia.
The failure of MYCT to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
|