Terms of use
WEBSITE TERMS AND CONDITIONS OF USE
1.
About the Website
(a)
Welcome to https://megatag.com.au (the ‘Website‘).
The Website providing or facilitating the NDIS / Disability Related Support
Services (the ‘Services‘).
(b)
The Website is
operated by MEGA TAG PTY LTD (ACN 653 204 294). Access to and use of the Website,
or any of its associated Products or Services, is provided by MEGA TAG PTY LTD.
Please read these terms and conditions (the ‘Terms‘) carefully. By
using, browsing and/or reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not agree with the
Terms, you must cease usage of the Website, or any of Services, immediately.
(c)
MEGA TAG PTY LTD reserves the right to review
and change any of the Terms by updating this page at its sole discretion. When MEGA
TAG PTY LTD updates the Terms, it will use reasonable endeavours to provide you
with notice of updates to the Terms. Any changes to the Terms take immediate
effect from the date of their publication. Before you continue, we recommend
you keep a copy of the Terms for your records.
2.
Acceptance of the Terms
(a)
You accept the Terms by remaining on the
Website. You may also accept the Terms by clicking to accept or agree to the
Terms where this option is made available to you by MEGA TAG PTY LTD in the
user interface.
3.
Registration to use the
Services
(a)
In order to access the Services, you must first
register for an account through the Website (the ‘Account‘).
(b)
As part of the registration process, or as part
of your continued use of the Services, you may be required to provide personal
information about yourself (such as identification or contact details),
including:
(i)
Email address
(ii)
Preferred username
(iii)
Mailing address
(iv)
Telephone number
(v)
Password
(vi)
NDIS Plan Details / NDIS Related Information
(c)
You warrant that any information you give to MEGA
TAG PTY LTD in the course of completing the registration process will always be
accurate, correct and up to date.
(d)
Once you have
completed the registration process, you will be a registered member of the
Website (‘Member‘) and agree to be bound by the Terms.
(e)
You may not use the Services and may not accept
the Terms if:
(i)
you are not of legal age to form a binding
contract with MEGA TAG PTY LTD; or
(ii)
you are a person barred from receiving the
Services under the laws of Australia or other countries including the country
in which you are resident or from which you use the Services.
4.
Your obligations as a Member
(a)
As a Member, you agree to comply with the
following:
(i)
you will use the Services only for purposes that
are permitted by:
(A)
the Terms; and
(B)
any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions;
(ii)
you have the sole responsibility for protecting
the confidentiality of your password and/or email address. Use of your password
by any other person may result in the immediate cancellation of the Services;
(iii)
any use of your
registration information by any other person, or third parties, is strictly
prohibited. You agree to immediately notify MEGA TAG PTY LTD of any unauthorised
use of your password or email address or any breach of security of which you
have become aware;
(iv)
access and use of the Website is limited,
non-transferable and allows for the sole use of the Website by you for the
purposes of MEGA TAG PTY LTD providing the Services;
(v)
you will not use the Services or the Website in
connection with any commercial endeavours except those that are specifically
endorsed or approved by the management of MEGA TAG PTY LTD;
(vi)
you will not use the Services or Website for any
illegal and/or unauthorised use which includes collecting email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorised framing of or linking to the Website;
(vii)
you agree that
commercial advertisements, affiliate links, and other forms of solicitation may
be removed from the Website without notice and may result in termination of the
Services. Appropriate legal action will be taken
by MEGA TAG PTY LTD for any illegal or unauthorised
use of the Website; and
(viii)
you acknowledge and agree that any automated use
of the Website or its Services is prohibited.
5.
Payment
(a)
Where the option is given to you, you may make
payment for the Services (the ‘ Services Fee’) by way of:
(i)
Electronic funds transfer (‘EFT‘) into
our nominated bank account
(ii)
NDIS Plan Manager / NDIA Managed Portal Payments
(b)
All payments made in the course of your use of
the Services are made using NDIA / Plan Manager / Self. In using the Website,
the Services or when making any payment in relation to your use of the
Services, you warrant that you have read, understood and agree to be bound by
the NDIA / Plan Manager / Self terms and conditions which are available on
their website.
(c)
You acknowledge and agree that where a request
for the payment of the Services Fee is returned or denied, for whatever reason,
by your financial institution or is unpaid by you for any other reason, then
you are liable for any costs, including banking fees and charges, associated
with the Services Fee.
(d)
You agree and acknowledge that MEGA TAG PTY LTD
can vary the Services Fee at any time.
6.
Refund Policy
MEGA TAG
PTY LTD will only provide you with a refund of the Services Fee in the event
they are unable to continue to provide the Services or if the manager of MEGA
TAG PTY LTD makes a decision, at its absolute discretion, that it is reasonable
to do so under the circumstances (the ‘Refund‘).
7.
Copyright and Intellectual
Property
(a)
The Website, the Services and all of the related
products of MEGA TAG PTY LTD are subject to copyright. The material on the
Website is protected by copyright under the laws of Australia and through
international treaties. Unless otherwise indicated, all rights (including
copyright) in the Services and compilation of the Website (including but not
limited to text, graphics, logos, button icons, video images, audio clips,
Website code, scripts, design elements and interactive features) or the
Services are owned or controlled for these purposes, and are reserved by MEGA
TAG PTY LTD or its contributors.
(b)
All trademarks, service marks and trade names
are owned, registered and/or
licensed
by MEGA TAG PTY LTD, who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a Member to:
(i)
use the Website pursuant to the Terms;
(ii)
copy and store the Website and the material
contained in the Website in your device’s cache memory; and
(iii)
print pages from the Website for your own
personal and non-commercial use.
MEGA TAG
PTY LTD does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by MEGA TAG
PTY LTD.
(c)
MEGA TAG PTY LTD
retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
(i)
business name, trading name, domain name, trade
mark, industrial design, patent, registered design or copyright, or
(ii)
a right to use or exploit a business name,
trading name, domain name, trade mark or industrial design, or
(iii)
a thing, system or process that is the subject
of a patent, registered design or copyright (or an adaptation or modification
of such a thing, system or process),
to you.
(d)
You may not, without the prior written
permission of MEGA TAG PTY LTD and the permission of any other relevant rights
owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or
third party Services for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
8.
Privacy
(a)
MEGA TAG PTY LTD takes your privacy seriously
and any information provided through your use of the Website and/or Services
are subject to MEGA TAG PTY LTD’s Privacy Policy, which is available on the
Website.
9.
General Disclaimer
(a)
Nothing in the
Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or
any liability under them) which by law may not be limited or
excluded.
(b)
Subject to this clause, and to the extent
permitted by law:
(i)
all terms, guarantees, warranties, representations
or conditions which are not expressly stated in the Terms are excluded; and
(ii)
MEGA TAG PTY LTD will not be liable for any
special, indirect or consequential loss or damage (unless such loss or damage
is reasonably foreseeable resulting from our failure to meet an applicable
Consumer Guarantee), loss of profit or opportunity, or damage to goodwill
arising out of or in connection with the Services or these Terms (including as
a result of not being able to use the Services or the late supply of the Services),
whether at common law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
(c)
Use of the Website and the Services is at your
own risk. Everything on the Website and the Services is provided to you
“as is” and “as available” without warranty or condition of
any kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of MEGA TAG PTY LTD make any express or implied
representation or warranty about the Services or any products or Services
(including the products or Services of MEGA TAG PTY LTD) referred to on the
Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
(i)
failure of performance, error, omission, interruption,
deletion, defect, failure to correct defects, delay in operation or
transmission, computer virus or other harmful component, loss of data,
communication line failure, unlawful third party conduct, or theft,
destruction, alteration or unauthorised access to records;
(ii)
the accuracy, suitability or currency of any
information on the Website, the Services, or any of its Services related
products (including third party material and advertisements on the Website);
(iii)
costs incurred as a result of you using the
Website, the Services or any of the products of MEGA TAG PTY LTD; and
(iv)
the Services or operation in respect to links
which are provided for your convenience.
10.
Limitation of liability
(a)
MEGA TAG PTY LTD’s total liability arising out
of or in connection with the Services or these Terms, however arising,
including under contract, tort (including negligence), in equity, under statute
or otherwise, will not exceed the resupply of the Services to you.
(b)
You expressly understand and agree that MEGA TAG
PTY LTD, its affiliates, employees, agents, contributors and licensors shall
not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however caused
and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.
11.
Termination of Contract
(a)
The Terms will continue to apply until
terminated by either you or by MEGA TAG PTY LTD as set out below.
(b)
If you want to terminate the Terms, you may do
so by:
(i)
providing MEGA TAG PTY LTD with days’ notice of
your intention to terminate; and
(ii)
closing your accounts for all of the services which
you use, where MEGA TAG PTY LTD has made this option available to you.
Your
notice should be sent, in writing, to MEGA TAG PTY LTD via the ‘Contact Us’
link on our homepage.
(c)
MEGA TAG PTY LTD may at any time, terminate the
Terms with you if:
(i)
you have breached any provision of the Terms or
intend to breach any provision;
(ii)
MEGA TAG PTY LTD is required to do so by law;
(iii)
the provision of the Services to you by MEGA TAG
PTY LTD is, in the opinion of MEGA TAG PTY LTD, no longer commercially viable.
(d)
Subject to local applicable laws, MEGA TAG PTY
LTD reserves the right to discontinue or cancel your membership at any time and
may suspend or deny, in its sole discretion, your access to all or any portion
of the Website or the Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts MEGA TAG PTY LTD’s
name or reputation or violates the rights of those of another party.
12.
Indemnity
(a)
You agree to
indemnify MEGA TAG PTY LTD, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
(i)
all actions,
suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii)
any direct or indirect consequences of you
accessing, using or transacting on the Website or attempts to do so; and/or
(iii)
any breach of the Terms.
13.
Dispute Resolution
(a)
Compulsory:
If a
dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the
following clauses have been complied with (except where urgent interlocutory
relief is sought).
(b)
Notice:
A party to the Terms claiming a dispute (‘Dispute‘)
has arisen under the Terms, must give written notice to the other party
detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
(c)
Resolution:
On receipt
of that notice (‘Notice‘) by that other party, the parties to the Terms
(‘Parties‘) must:
(i)
Within 14 days of the Notice endeavour in good
faith to resolve the Dispute expeditiously by negotiation or such other means
upon which they may mutually agree;
(ii)
If for any reason
whatsoever, 28 days after the date of the Notice, the Dispute has not been
resolved, the Parties must either agree upon selection of a mediator by appointing
mediators like DARU or any other NDIS advocate. In case the mediator choice is
not agreed by any party then , an appropriate mediator be appointed by the
Dispute Settlement Centre of Victoria or his or
her nominee. In case that fails then request for a mediator can be obtained by
requesting the mediation service (Alternative Dispute Resolution service) of
the Victorian Bar.
(iii)
The Parties are equally liable for the fees and
reasonable expenses of a mediator and the cost of the venue of the mediation
and without limiting the foregoing undertake to pay any amounts requested by
the mediator as a pre-condition to the mediation commencing. The Parties must
each pay their own costs associated with the mediation;
(iv)
The mediation will be held in Melbourne,
Victoria, Australia.
(d)
Confidential:
All communications concerning negotiations made
by the Parties arising out of and in connection with this dispute resolution
clause are confidential and to the extent possible, must be treated as
“without prejudice” negotiations for the
purpose of applicable laws of evidence.
(e)
Termination of Mediation:
If 30 days
have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation
and the mediator must do so.
14.
Venue and Jurisdiction
(a)
The Services offered by MEGA TAG PTY LTD is
intended to be viewed by residents of Australia. In the event of any dispute
arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of Victoria, Australia.
15.
Governing Law
(a)
The Terms are governed by the laws of Victoria,
Australia. Any dispute, controversy, proceeding or claim of whatever nature
arising out of or in any way relating to the Terms and the rights created
hereby shall be governed, interpreted and construed by, under and pursuant to
the laws of Victoria, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law
clause is not contested. The Terms shall be binding to the benefit of the
parties hereto and their successors and assigns.
16.
Independent Legal Advice
(a)
Both parties confirm and declare that the
provisions of the Terms are fair and reasonable and both parties having taken
the opportunity to obtain independent legal advice and declare the Terms are
not against public policy on the grounds of inequality or bargaining power or
general grounds of restraint of trade.
17.
Severance
(a)
If any part of these Terms is found to be void
or unenforceable by a Court of competent jurisdiction, that part shall be
severed and the rest of the Terms shall remain in force.
