‘The Client’ means a company or natural person placing an order for servicesoffered by MTG. References to ‘you’ are references to the client.
‘MTG’ means Mind the Gap Pty Ltd (ABN 29 108 162 867) trading as ‘Mind the Gap’, and hereinafter referred to as ‘MTG’. References to ‘we’ or ‘us’ are references to MTG ;
Your access to our website(s) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document. Your use of, and/or access
Intellectual Property &
Restrictions On Use Of Content
All information, text, material, graphics, software and advertisements on the
MTG web site or its associated services are Copyright from 2006 Mind the Gap Pty Limited.
The Content is protected by Australian and International copyright and trademark
laws. Content on the website is published in real-time, and you must not
modify, copy, reproduce, republish, frame, upload to a third party, post,
transmit or distribute this content in any way except as expressly provided
for on the website or expressly authorised in writing by the Director of MTG.
Strictly on the condition that you keep all content intact and in the same
form as presented on the website (including without limitation all copyright,
trademark and other proprietary notices and all advertisements), you may: a)
using an industry-standard web browser, download and view the content for your
personal, non-commercial use, or b) if you are an internet service and/or access
provider, supply the content to your subscriber. You must not use the website
in any manner or for any purpose which is unlawful or in any manner which violates
Disclaimer & Limitation
The Trade Practices Act and similar State and Territory Legislation in Australia
(and in New Zealand, except where goods or services are acquired for business
purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies
on you in relation to the provision by MTG goods or services on the website
which cannot be excluded, restricted or modified (“Non-excludable Rights”).
MTG does not exclude any Non-excludable Rights but does exclude all other
conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided “as
is” and without warranties of any kind, either express or implied, b)
MTG and its suppliers expressly disclaim all warranties of any kind including
but not limited to implied warranties of merchantability and fitness for a
particular purpose, c) MTG does not warrant that the functions contained in
any Content or any Communications Facility or your access to the website will
be uninterrupted or error-free, that any defects will be corrected or that
the website or the server which stores and transmits content to you are free
of viruses or any other harmful components, d) MTG does not warrant or make
any representation regarding your access to, or the results of your access
to, the website (including any related or linked websites) or any Content in
terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on
the part of MTG will MTG or its affiliates be liable for any indirect, incidental,
special and/or consequential damages or loss of profits whatsoever which result
from any use or access of, or any inability to use or access, the website or
any content. You expressly acknowledge and agree that MTG does not exert control
over users of the website and is not liable either for their opinions or their
behaviour including any information and/or advice and any defamatory statements
or offensive conduct.
To the fullest extent permitted by law, MTG liability for breach of any implied
warranty or condition which cannot be excluded is limited at the option of
MTG to the following:
In the case of services supplied or offered by MTG, (a) the supply of the services
again, or (b) the payment of the cost of having services supplied again
this agreement and your access to the websites at any time without notice.
In the event of termination, you are no longer authorised to access the website,
but all restrictions imposed on you, licenses granted by you and all MTG
any loss or damage or incurs any costs in connection with any breach of these
for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws
of New South Wales, Australia. You irrevocably and unconditionally submit to
the non-exclusive jurisdiction of the courts of New South Wales and the Federal
Laws of Australia. If any provision of this agreement is found to be invalid
or unenforceable by a court of law, such invalidity or unenforceability will
not affect the remainder of the agreement which will continue in full force
All rights not expressly granted herein are reserved.