Last updated: 15 May 2021
Please read the following Terms and Conditions relating to your use of this Website and the products and services provided hereunder carefully.
- using this Website,
- purchasing any products or services from MPR Media Pty. Ltd., an Australian incorporated company, or
- utilizing any of the products or services from MPR Media Pty. Ltd. through this Website,
you are deemed to have agreed to these Terms and Conditions. MPR Media Pty. Ltd. reserves the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this Website after changes are posted to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from MPR Media Pty. Ltd., the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this Website.
I. General Terms & Conditions
a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.milliondollarbabyfitness.com as well as all of its sub-domains (collectively, this “Website”), as well as to products and services purchased or utilized from this Website. Unless stated otherwise, all references to the Website in these Terms and Conditions include this Website. These Terms and Conditions do not apply to your use of unaffiliated websites to which the Website only links.
b) Restrictions on Use
The contents of this Website are protected by copyright and trademark laws, and are the property of MPR Media Pty. Ltd. Unless MPR Media Pty. Ltd. states otherwise, you may access the materials located within this Website only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this Website. Only if you obtain prior written consent from MPR Media Pty. Ltd. and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from this Website.
You must abide by all additional copyright notices or other restrictions contained in any of this Website.
You agree not to do any of the following while using this Website:
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including disparaging of this Website), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by MPR Media Pty. Ltd. in its sole discretion);
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive malware, files or post material that interferes with any third party’s uninterrupted use and enjoyment of this Website.
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through this Website or to MPR Media Pty. Ltd., including forging any TCP/IP packet header or any part of the header information in any transmission to this Website for any reason;
- transmit or otherwise make available through this Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation.
These Terms and Conditions apply only to this Website, and not to the websites of any other companies or organizations, including those to which this Website may link. MPR Media Pty. Ltd. is not responsible for the availability of any other website to which this Website links. MPR Media Pty. Ltd. does not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will MPR Media Pty. Ltd. be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that site administrator or webmaster.
Other websites may link to this Website only through a plain-text link or provided graphics link. Permission must be granted by MPR Media Pty. Ltd. for any other type of link to this Website. To seek the permission of MPR Media Pty. Ltd., you may send an email to email@example.com. MPR Media Pty. Ltd. reserves the right, however, to rescind any permission granted by MPR Media Pty. Ltd. to link through a plain-text link or any other type of link, and to require termination of any such link this Website, at MPR Media Pty. Ltd.’s discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MPR MEDIA PTY. LTD. DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER MPR MEDIA PTY. LTD. NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MPR MEDIA PTY. LTD. NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MPR MEDIA PTY. LTD. NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY MPR MEDIA PTY. LTD. TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN ITS DISCRETION, EITHER
A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO MPR MEDIA PTY. LTD. WITHIN 30 DAYS OF PURCHASE, OR
B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY COUNTRY, STATE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
MPR Media Pty. Ltd. does not necessarily endorse, warrant or guarantee any products or services offered on this Website. It is not a party to, and does not monitor, any transaction between users and third party providers of products or services.
d) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL MPR MEDIA PTY. LTD. OR ANY OF ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY MPR MEDIA PTY. LTD. OR ANY OF ITS LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO MPR MEDIA PTY. LTD., IF ANY, FOR ACCESSING THIS WEBSITE.
e) No Personal Advice
The information contained in or made available through this Website (including but not limited to information contained in blog posts, on message boards, in text files, in products, from services, or in chats and comments) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. MPR Media Pty. Ltd. and its licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this Website (including but not limited to any product or service purchased, utilized or otherwise obtained from this Website). Neither MPR Media Pty. Ltd. nor its partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
f) Parental Permission; Minimum Age Requirement
This Website is not directed to persons under the age of 16. The sale of any of this Website’s products or services is not directed to persons under the age of 18. MPR Media Pty. Ltd. will not knowingly collect personally identifiable information from persons under 16. IT IS STRONGLY RECOMMENDED THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
MPR Media Pty. Ltd. hereby requires all users of this Website to be 16 and over, and all purchasers of MPR Media Pty. Ltd.’s products and services to be 18 or over. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 16, you agree to immediately stop accessing this Website. If you are accessing this Website, you represent that you are at least 16 years of age. If you are purchasing any of the products or services of MPR Media Pty. Ltd., you represent that you are at least 18 years of age.
g) Membership Fees
MPR Media Pty. Ltd. reserves the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days’ prior written notice.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MPR Media Pty. Ltd. or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this Website is the exclusive property of MPR Media Pty. Ltd. and protected by Australian and international copyright laws.
MPR Media Pty. Ltd.’s operating name (Million Dollar Baby Fitness) and other logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the MPR Media Pty. Ltd. or its affiliates in Australia and/or other countries. MPR Media Pty. Ltd.’s trademarks and trade dress may not be used in connection with any product or service that is not that of MPR Media Pty. Ltd., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MPR Media Pty. Ltd. All other trademarks not owned by MPR Media Pty. Ltd. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MPR Media Pty. Ltd. or its affiliates.
j) Contacting Us
The address for MPR Media Pty. Ltd. is:
MPR Media Pty. Ltd.
PO Box 3157
Bankstown Square NSW 2200
You can reach MPR Media Pty. Ltd.’s customer support by emailing MPR Media Pty. Ltd. at firstname.lastname@example.org.
For cancellation of a subscription, submit a cancellation request to email@example.com, or use the unsubscribe function located at the bottom of any email correspondence sent to you by MPR Media Pty. Ltd..
Privacy matters can addressed to MPR Media Pty. Ltd. by emailing MPR Media Pty. Ltd. at firstname.lastname@example.org.
II. User Public Forum Submission/Participation Policy and Terms
As a service to the MPR Media Pty. Ltd.’s users, this Website may feature blogs, message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. MPR Media Pty. Ltd. may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. MPR Media Pty. Ltd. has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. MPR MEDIA PTY. LTD. EXPECTS THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
b) Your Participation/Contribution Requires Consideration:
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways MPR Media Pty. Ltd. is unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless MPR Media Pty. Ltd. specifically notes otherwise (for example, in the rules for a particular forum).
c) Confidential Obligations:
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with MPR Media Pty. Ltd. that requires you to maintain the confidentiality of certain material or information of MPR Media Pty. Ltd. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which MPR Media Pty. Ltd. has required you to preserve as confidential.
d) Grant of Rights:
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of MPR Media Pty. Ltd. or other information you are required to preserve as confidential by MPR Media Pty. Ltd., then;
i) you remain owner of such post or submission to the extent you were the owner;
ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted MPR Media Pty. Ltd., a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and
iii) you agree and warrant that MPR Media Pty. Ltd. may sub-license or assign its rights through multiple tiers of sub-licenses or assigns.
e) No Obligation to Monitor:
MPR Media Pty. Ltd. does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, MPR Media Pty. Ltd. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in MPR Media Pty. Ltd.’s sole discretion.
f) No Obligation to Remove:
MPR Media Pty. Ltd. is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this Website via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that MPR Media Pty. Ltd. shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with MPR Media Pty. Ltd. with differing terms or MPR Media Pty. Ltd.has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it.
g) No Endorsement:
MPR Media Pty. Ltd. does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
h) MPR Media Pty. Ltd.’s Right to Act:
If MPR Media Pty. Ltd. discovers communications which allegedly do not conform to any terms and conditions of this Website, MPR Media Pty. Ltd. may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. MPR Media Pty. Ltd. will have no liability or responsibility for performance or non-performance of such activities. MPR Media Pty. Ltd. reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through this Website are available only through this Website and others are available both through this Website and other sources, such as Usenet, over which MPR Media Pty. Ltd. has absolutely no control.
III. Special Notes With Regard to Product and Service Purchases
a) Shipping Methods
Products shipped by MPR Media Pty. Ltd. may be shipped by any method, at the discretion of MPR Media Pty. Ltd.. A shipping charge will be imposed.
- All orders require at least 24-48 hours processing time before shipping.
- MPR Media Pty. Ltd. does not process orders during weekends.
- No deliveries will be made on Saturday or Sunday.
- MPR Media Pty. Ltd. does not guarantee same day shipping.
- All orders shipped within Australia will be charged Goods and Services Tax (GST).
- Exact delivery times to any location cannot be guaranteed.
b) Goods and Services Tax
GST is only required for orders shipping within Australia. All orders shipping within Australia will be charged the applicable GST rate at the time of the sale.
c) Product listings
MPR Media Pty. Ltd. strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on this Website. Due to human error and other variables MPR Media Pty. Ltd. cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can it assume responsibility for these errors. In the event a product listed on this Website is labeled with an incorrect price due to some typographical, informational, technical or other error, MPR Media Pty. Ltd. shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from MPR Media Pty. Ltd. are provided as resources to customers looking for additional information and/or professional opinion. MPR Media Pty. Ltd. does not assume responsibility for the claims and/or representations made on these or any other websites.
d) Product Revisions
MPR Media Pty. Ltd. is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases MPR Media Pty. Ltd. may act as a distributor for others. In the interest of its customers, MPR Media Pty. Ltd. puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying factors which, although infrequent, could cause the information on this Website to become outdated without MPR Media Pty. Ltd.’s immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, MPR Media Pty. Ltd. relies on the manufacturer of a product to communicate these differences. Presently MPR Media Pty. Ltd. has no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, MPR Media Pty. Ltd. will not be held responsible for product revision changes.
IV. Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from MPR Media Pty. Ltd., viewing such products, or otherwise using such products or services, you (the “Customer”) agree to be bound by the terms and conditions listed below. The Customer and MPR Media Pty. Ltd. agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and MPR Media Pty. Ltd. Any attempts to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, the Customer must check these terms and conditions carefully each time the Customer places an order with or accepts delivery of any goods or services from MPR Media Pty. Ltd.
a) Product Issues
If you have problems or concerns regarding MPR Media Pty. Ltd. or your purchases, you may contact MPR Media Pty. Ltd. by emailing MPR Media Pty. Ltd. at email@example.com.
b) Warranties; All Products and Services are Sold “As-Is” or “With all Faults”.
MPR MEDIA PTY. LTD. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. MPR MEDIA PTY. LTD. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY MPR MEDIA PTY. LTD. ARE SOLD “AS-IS” OR “WITH ALL FAULTS”. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT MPR MEDIA PTY. LTD., ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
c) Limitation of Liability
IN ALL CIRCUMSTANCES MPR MEDIA PTY. LTD.’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. MPR MEDIA PTY. LTD. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. MPR MEDIA PTY. LTD. SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT MPR MEDIA PTY. LTD. HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
d) Customer Agreed To Restrictions, Obligations and Limitations; Confidentiality and Limited Use
The Customer acknowledges that the products and services sold by MPR Media Pty. Ltd. are the confidential and proprietary information and property of MPR Media Pty. Ltd. MPR Media Pty. Ltd. hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of MPR Media Pty. Ltd. by the Customer, the Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes any party who receives the products or services of MPR Media Pty. Ltd., even if at no cost.
The Customer agrees that no one may use these products and/or services in any manner without the written approval of MPR Media Pty. Ltd., except for the Customer who has agreed that his/her use is limited to the Customer’s own personal use. In the event the Customer disagrees with these terms, the Customer must immediately discontinue using the products purchased from MPR Media Pty. Ltd. Anyone viewing or otherwise utilizing the products of MPR Media Pty. Ltd. by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this Agreement. In the event that MPR Media Pty. Ltd. discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by MPR Media Pty. Ltd. remains information that you have an obligation to protect and maintain as confidential.
The Customer represents and warrants that the Customer is at least 18 years old. In the event that the Customer is under 18 years old, the Customer will immediately discontinue using the products purchased from MPR Media Pty. Ltd.
e) General Terms and Conditions
1. Payment Terms; Orders:
An order is not binding upon MPR Media Pty. Ltd. until it is accepted; MPR Media Pty. Ltd. must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment of the products or provision of services. The Customer can make payment by credit card, or some other method prearranged with MPR Media Pty. Ltd. The Customer agrees to pay the amount(s) due as specified on the invoice, and the Customer agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
2. Shipping Charges:
The total cost due by the Customer for the purchase of any product will include shipping and handling charges shown on MPR Media Pty. Ltd.’s invoice.
3. Title; Risk of Loss:
MPR Media Pty. Ltd. will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning that title to the product(s) – excepting software – and risk of loss passes to the Customer upon delivery to the carrier. MPR Media Pty. Ltd. reserves a purchase money security interest in the product(s) until its receipt of the full amount due. The Customer agrees to allow MPR Media Pty. Ltd. to sign appropriate documents on the Customer’s behalf to permit MPR Media Pty. Ltd. to protect its purchase money security interest.
Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. The Customer agrees to be bound by any software license agreement once the seal on the package is broken. MPR Media Pty. Ltd. will advise the Customer of estimated shipping dates, but MPR Media Pty. Ltd. will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
4. Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between MPR Media Pty. Ltd. and the Customer shall be governed by the laws of the State of New South Wales, Australia, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. MPR Media Pty. Ltd. and the Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of New South Wales, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against MPR Media Pty. Ltd. that is more than one year after the date of the applicable invoice.
If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New South Wales law.
The failure of either party to require performance by the other party of any provision of this Agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
7. Entire Agreement: