Terms and Conditions
Terms and Conditions
1.1. This website is owned and operated by my carte Pty Ltd ACN 639 862 918.
1.2. my carte Pty Ltd is not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website.
1.3. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
2.1. This Website is the intellectual property of my carte Pty Ltd and is subject to copyright.
2.2. my carte Pty Ltd grants you a limited, revocable and non-exclusive license for the purpose of assessing its Website for the purpose of you browsing, reviewing, or commenting on the content of the Website, and for the purpose of connecting through specific Supplier portals and links to purchase products or services.
2.3. Other than for the purpose of and subject to the conditions prescribed under the Copyright Law of Australia and similar statues that apply in your location, you may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, products or services obtained from any part of this Website, without the written permission of my carte Pty Ltd
2.4. You must not conduct, or participate in, the resale or commercial exploitation of the Website and any of its contents for any purpose, unless you are an Authorised Representative.
Copyright and Trade Marks
3.1. Other names of my carte Pty Ltd products and services referred to in this Website are the intellectual property of my carte Pty Ltd and subject to common law copyright.
3.2. Other product and company names mentioned in this Website may be the trade marks of other people or entities.
3.3. You must not use any of copyright or trade marks: in or as the whole or part of your own or other trade marks;
in connection with activities, products or services other than those supplied by the suppliers and by my carte Pty Ltd in a manner which may be confusing, misleading or deceptive; and in a manner that disparages my carte Pty Ltd, or its information, products or services including this Website.
Hyperlinks, Framing and Metatags
4.1. my carte Pty Ltd grants you a limited, revocable and non-exclusive right to create a hyperlink to the homepage of the Website.
4.2. The hyperlink you create must not portray the Website in a misleading, derogatory or offensive manner.
4.3. In creating the hyperlink, you must not use any image, logo or trademark on the Website without my carte Pty Ltd express consent and then only in the format supplied by my carte Pty Ltd applicable to the style guide.
4.4. Where the Website offers a hyperlink to another website (Linked Site), you acknowledge and agree that:
my carte Pty Ltd has made no representation or warranties whatsoever regarding the Linked Site or any of it content; my carte Pty Ltd has made no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this Website or any Linked Site;
my carte Pty Ltd is not responsible for any information or opinions published on any Linked Site; and
in no event will my carte Pty Ltd be liable to any party for any direct, indirect, special or other consequential damages from any use of this Website, or on any other linked Site, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if my carte Pty Ltd is expressly advised of the possibility of such damages.
4.5. By accessing the Linked Site through a hyperlink on the Website, you warrant to my carte Pty Ltd that you have made your own inquiries and satisfied yourself regarding the suitability, reliability, security and other relevant matters regarding the Linked Site or its content and you release my carte Pty Ltd and hold my carte Pty Ltd harmless against all damage or loss that you suffer as a result of accessing the Linked Site.
4.6. Subject to clause 4.1, you must not, without the written consent of my carte Pty Ltd:
frame or use framing techniques to enclose any part of the Website;
use any metatags or similar tags that contain my carte Pty Ltd name or any of its trademarks; or
create a hyperlink to the Website.
Articles on the Website
5.1. Where the Website, particularly articles within the Website, contains any information, tables, photographs or any other material obtained from a third party source, whether it is specified to have been obtained from the third party or not (Third Party Information):
my carte Pty Ltd makes no representation or warranties whatsoever regarding the content of the Third Party Information;
my carte Pty Ltd makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information contained in any Third Party Information; and
my carte Pty Ltd in no event will be held liable to any party for any direct, indirect, special or other consequential damages from any use or reliance on any Third Party Information contained on the Website.
5.2. my carte Pty Ltd is not liable to you or anyone else for any loss suffered in connection with any Third Party Information posted.
5.3. If you believe any Third Party Information to be inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, you should contact my carte Pty Ltd via the contact form contained in the website.
6.1. You may post reviews, comments and other comments on the Website or submit suggestions, ideas, comments, questions or other information to my carte Pty Ltd from time to time, by utilising the contact form.
6.2. The content of your contacts must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties and must not consist of or contain any computer viruses, political campaign messages, commercial solicitation; chain letters, mass mailings, or any form of SPAM.
6.3. When submitting a contact, you must not use an email address that you do not own or control, impersonate any other person or entity, or otherwise be misleading as to the origin of the contact.
6.4. Where you submit a contract, you expressly grant my carte Pty Ltd a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.
6.5. You will indemnify my carte Pty Ltd and keep my carte Pty Ltd indemnified against all claims, damages, loss or injury as a result of you breaching any: warranties contemplated by clause 6.5; warranties contemplated by clause 6.5; or other of these Terms and Conditions of Use.
Advertisement and other third party postings
7.1. my carte Pty Ltd may from time to time allow third parties to post advertisement, reviews, hyperlink or other information on the Website (Third Party Listings).
7.2. You acknowledge and agree that my carte Pty Ltd is not obligated to monitor or verify information on the Third Party Listings.
7.3. Nothing in these Terms and Conditions of Use and nothing that my carte Pty Ltd may say and do can be construed as endorsing the content of (or part of) any Third Party Listings.
7.4. Where the content of any Third Party Listing is inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, and you suffer a damage or loss as a result, then to the extent permitted by law, you release and hold my carte Pty Ltd harmless against such damage or loss.
Exclusion of Warranties
8.1. To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
8.2. my carte Pty Ltd is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Site.
8.3. You must take your own precautions to ensure that anything you view or download from the Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
Limitation of Liability of my carte Pty Ltd
9.1. my carte Pty Ltd will use reasonable endeavours to ensure that all information on the Website is accurate and will correct any errors or omissions as soon as practicable after being notified of them.
9.2. To the extent permitted by law, my carte Pty Ltd disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website.
9.3. You acknowledge and agree that:
any liability my carte Pty Ltd may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law; and
in no event will my carte Pty Ltd be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website.
10.1. Without limiting the operation of any other provisions of these Terms and Conditions of Use, you agree to indemnify my carte Pty Ltd and keep my carte Pty Ltd indemnified, holding my carte Pty Ltd harmless from all claims, demand, damages or loss (including legal costs on a full indemnity basis) incurred by my carte Pty Ltd as a result of, or flows naturally from, your breach of these Terms and Conditions of Use including without limitation the breach of any warranties.
11.1. These Terms and Conditions of Use are governed by the laws of Queensland, Australia and in any disputes between you and my carte Pty Ltd, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.
12.1. If any part of these Terms and Conditions of Use is or becomes legally ineffective, invalid or unenforceable, the effectiveness, validity or enforceability of the remainder will not be affected.