Terms & Conditions.
Last Updated: May 2021.
Terms & Conditions
1.1 MN&D – ABN 64 689 232 164 (‘UXPlate’, ‘we’, ‘us’, or ‘our’) operates and maintains the websites which provide the services described in these terms.
1.2 These terms and conditions apply to your access and use of this website and the Service. By accessing and using this website or the Service, you agree to these Terms.
1.3 We may change these Terms at any time by publishing the changed Terms on this website. Changes will not operate retrospectively.
1.4 The law of Victoria, Australia governs these Terms. We do not warrant that this website or its content complies with the laws of any other jurisdiction. If you access this website from outside Australia, you do so at your own risk.
2.1 A reference to the ‘Service’ refers to the service offered by this website.
3. Accounts, usernames and passwords
3.1 You must register an account to use the Service. You must be at least 18 years old to register an account.
3.2 You must register using your own name. You must not impersonate, or register on behalf of another person unless you are authorized in writing. You otherwise warrant that the information you provide when you register is correct and not misleading in any way. You promise to keep your information up to date.
3.3 You must keep your password secure at all times. You are solely responsible for all activity undertaken using your username and password.
4. Advertisement Listings
4.1 Business users may use the Service to place listings and advertisements for their businesses or their goods and services.
4.2 If you place an advertisement, you promise that:
(a) you are the owner of the business or are authorised by the owner to advertise or post the listing;
(b) your advertisement (including any images accompanying it) is bona fide, complete, accurate and not misleading or deceptive in any way;
(c) your advertisement does not contravene any applicable laws or infringe the rights of any person including intellectual property rights; and
(d) where your advertisement contains pricing, it will set out the total price payable for the goods and services, inclusive of all costs, charges, taxes and expenses.
4.3 We reserve the right to delete, amend, reformat or delay publication of advertisements at our absolute discretion for any reason whatsoever, including to ensure compliance with these Terms.
4.4 You indemnify us against any harm, loss, cost or expense we suffer arising from advertisements you place.
5. Payments and our fees
5.1 We impose charges for the use of some of our Services. Our fees are calculated in accordance with our published fee structure, found on our website. If any tax, impost, duty or charge applies to our provision of the Service to you, you must pay this in addition to our fee, unless we say otherwise in writing.
5.2 We may change our fee structure at any time by publishing a revised version but changes will not apply retrospectively.
5.3 Our cancellation and refund policies are set out on our website. Where an account is canceled, we will act in accordance with the terms of our cancellation and refund policy.
5.4 We may charge you credit card processing fees for payments made by credit card or Paypal.
5.5 All of our fees are expressed and charged in either AUD$ or USD$ as displayed.
6.1 We may allow website users to post reviews. All registered users can view reviews left by other users. We are not responsible for and do not approve or endorse the content of any reviews.
6.2 If you post a review, you promise us that you have a proper basis for your review and that your review is fair, reasonable, bona fide and does not break any laws or infringe the legal rights of any person.
6.3 We reserve the right to delete, amend, reformat or delay publication of reviews at our absolute discretion for any reason whatsoever, including to ensure compliance with these Terms.
6.4 You indemnify us against any harm, loss, cost or expense we suffer arising from reviews you post.
7. Prohibited use
In using this website or the Service, you must not:
(a) contravene any applicable law or regulation;
(b) interfere with or disrupt this website or the Service in any way, including through the use of viruses, Trojans or harmful code.
(c) mislead or deceive others, whether by act or omission, including by making false or inaccurate representations about your identity;
(d) stalk, harass, abuse, threaten, intimidate, defame or vilify any person;
(e) share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material;
(f) otherwise violate or infringe the legal rights of any person; or
(g) encourage, assist or procure another person to do any of the foregoing.
8.1 Unless otherwise indicated, copyright in this website, our Service and its contents belongs to us.
8.2 You may publish a link to this website.
8.3 Unless permitted by law, you must not, without our prior written consent:
(a) otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or
(b) cause any part of this website or its contents to be framed or included in another website.
9.1 All brand marks such as ‘UXPlate’ are trademarks of NM&D. Other trademarks on this website are the property of our respective licensors.
9.2 You must not use any trademark on this website without the prior written consent of the relevant owner.
10.1 We may create or amend Acceptable Use Policies (AUP) from time to time which apply to the use of a Website or Service.
10.2 You must comply with the terms of any AUP as though it were a part of these Terms.
This website may link to websites at other addresses. Unless stated otherwise:
(a) we do not control, approve, endorse or sponsor any such websites or their content; and
(b) we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
12.1 Your access and use of this website and the Service is at your own risk. While payments are processed securely via payment gateways, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.
12.2 Subject to any statutory warranty we must give, we do not promise that this website or the Service:
(a) is free from errors;
(b) will operate without interruption; or
(c) is free from anything which may damage your computer or data.
You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.
12.3 We do not promise that the contents of this website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to this website or its contents at any time.
12.4 We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website or the Service including for scheduled maintenance, or fraud prevention.
13. Limitation of liability
13.1 The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.
13.2 Subject to clause 13.1 and to the fullest extent permitted by law:
(a) the Service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
(b) where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability for breach of such a condition, warranty or guarantee will be limited to:
(i) the resupply of the Service; or
(ii) the payment of the cost of resupply of the Service; and
(c) we exclude and you release us from all liability to you for loss (including secondary and consequential loss) or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents, the Service or your use of them.
14. Account cancellation, breach and indemnity
14.1 Because of the nature of the Service, we must reserve the right to decide who may use it.
14.2 We may cancel your account at any time, at our absolute discretion, without giving reasons. We may also cancel your account if you:
(a) breach these Terms;
(b) chargeback or attempt to chargeback amounts you have paid for the use of the Service; or
(c) are the subject of a complaint that we deem serious;
14.3 If we cancel your account, you may not use the Service again, whether by creating a new account or using an alternative account.
14.4 Cancellation of your account does not affect our right to receive any payments rightfully due to us under these Terms.
14.5 You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.
15.2 In addition, we may log details about any computer used to access this website, including IP address, host, location, browser type, the date and time of access and details of webpages accessed and information downloaded. This information is used for our statistical purposes, reporting and to improve this website.
16.1 Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between any of the parties.
17. Entire Agreement
17.1 To the extent permitted by law, these Terms contain the entire terms of your agreement with us, unless we agree otherwise in writing.
18.1 If there is a conflict between any provision in these Terms then they are to be read down to the extent of the conflict only, without affecting the remainder of these Terms.
18.2 A waiver is only effective if given in writing by a party waiving any such right or obligation.
19.1 Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.
19.2 If you have any questions about these Terms, please contact us at firstname.lastname@example.org.