If you browse or otherwise access any content or data on the maniax.com.au website, mobile site or apps, you agree to be bound by these terms. By agreeing to these terms you create a legally binding contract between you and MANIAX Pty Ltd. (A.C.N.602708322). You must discontinue use of the maniax.com.au website immediately if you do not agree to any provisions of the terms and conditions of the maniax.com.au website.
We reserve the right to change any or all of our terms of use or other conditions for using our website at any time by publishing the new terms or conditions on our website or via email or any other means. The revised terms and conditions will take effect upon notice of these revisions. We are not obliged to give advanced notice for any changes to these terms and conditions. It is your responsibility to check our terms and conditions periodically to familiarise yourself with the current version of our website.
MANIAX Pty Ltd (MANIAX) owns and operates the website http://www.maniax.com.au (referred to as the Website). Any reference to ‘us’, ‘our’ and ‘we’ in these terms and conditions refers to MANIAX. The terms ‘you’, ‘user’, and ‘visitor’ means anyone who visits the website or is using the website.
MANIAX has taken due care to verify and check all information on our website as of the time of compilation. However as this information is supplied by Third Party Content, MANIAX accepts no responsibility for any inaccurate or incorrect descriptions on the website. MANIAX disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our websites or publications.
You agree to use the website only for purposes that are permitted by: this agreement; any applicable law or regulation; and/or generally accepted practice or guidelines.
The website may thus contain material or content uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the website, including you.
MANIAX reserves the exclusive right, in relation to our website, access to examine any content, and at our discretion, move, remove, or disable access to content which we consider in our sole opinion to be unacceptable or otherwise breach any law.
In accessing or using our websites you agree that you will not:
(a) use our website for commercial use or for a dominant commercial use.
(b) circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
(c) use any automated device, software, process or means to access, retrieve, scrape, or index our websites or any content on our website;
(d) use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
(e) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
(f) use or index any content or data on our websites for purposes of;
(ii) building a database of information; or
(iii) competing with us in any manner that we have not specifically authorised;
(g) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(h) post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent content;
(i) post, communicate or transmit content that violates or infringes the rights of any other person or party or infringes any law;
(j) stalk, harass, or otherwise harm others;
(k) inhibit or restrict any other user from using the website
(l) post any content that contains a survey, contest, pyramid scheme or any improper question;
(m) collect or store personal data about other users of the website;
(n) impersonate or falsely represent your association with any person or organisation
(o) use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and/or not for the purpose for which it is made available;
(p) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(q) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(r) act in violation of any Term of Use or other condition posed by us or any applicable law;
(s) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorised by us; or
(t) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
You acknowledge that MANIAX has no responsibility or liability for the deletion or failure to store any communications or content posted on the website.
You acknowledge that MANIAX may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the website and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
MANIAX does not warrant that functions contained in the website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that MANIAX or our hosting service, are free of viruses or bugs.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
All intellectual property relating to the maniax.com.au website and the content on the website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts, video recordings and graphics comprised in the website) (“Intellectual Property”) belongs to MANIAX or its licensors, advertisers, associated or related entities or affiliates. The trade marks and logos displayed on the website (collectively the Trade Marks) are trade marks of MANIAX Pty Ltd. and the service providers respectively.
The businesses promoted on the website provide their own intellectual property from time to time for use on the website and those businesses warrant that they own the copyright to display that intellectual property.
MANIAX and its associated or related entities retain all rights, titles and interest in and to the website and all related content and Intellectual Property, and nothing you do in relation to the website or any of the related content will transfer any rights in intellectual property or otherwise, to you, or license to you any rights unless expressly stated otherwise.
You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any content on the website.
You may download and view content or print a copy of material on the website for personal, non-commercial use, provided that you do not modify the content in any way (including copyright notice). You must retain, on all copies of material downloaded from this website, all copyright and other proprietary notices contained in the material.
Except as granted under these Terms or Conditions, permission to reprint or electronically reproduce the website, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communication methods available in the contact us section of the website to obtain such consent. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy and criminal legislation.
We cannot and do not warrant or guarantee that you will be able to access the website at all times without any delays and you acknowledge that sometimes, as a result of factors beyond our control, the website may not function properly or at all. In those cases, we will endeavour to restore normal functioning of the website with the least possible inconvenience caused to our members and users.
Our website contains content provided to MANIAX by other parties (Third Party Content). MANIAX does not have a practice of monitoring or making inquiries about Third Party Content. MANIAX is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of MANIAX. You rely on Third Party Content completely at your own risk.
The website may include links to third party sites which are not related to MANIAX and in relation to which MANIAX has no control or interest. The appearance of those links on this site does not indicate any relationship between MANIAX and that third party or any endorsement by MANIAX of that third party, its site or the products and services that it is advertising on the website.
These Terms and Conditions constitute the entire agreement between us and you in relation to the website and your use of the website supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the website.
The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the services
These Terms and Conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.
If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
It is assumed upon registering, that you are willing to receive emails from MANIAX and other relevant promotional material from MANIAX. We will not share your personal information with anyone else unless we receive prior permission from you.
If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
The subject matter contained on and accessible from our website is copyright. Apart from fair dealing permitted by the Copyright Act 1968, MANIAX grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of maniax.com.au copyright material beyond such use, written permission must be obtained directly from MANIAX or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
