The kind of Personal Information that we collect from you will depend on how you use the website. The Personal Information which we collect and hold about you may include:
- Welcome to www.maitdev.com (Website). The Website provides customer software development and integration (Services).
- The Website is operated by MAIT DEV PTY LTD (ACN 658 259 191). Access to and use of the Website, or any of its associated Products or Services, is provided by MAIT DEV PTY LTD. Please read these terms and conditions (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 the Services, immediately.
- MAIT DEV PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MAIT DEV PTY LTD updates the Terms, it will use reasonable endeavours to provide you withnotice 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.
- Will provide users with at least 14 days' notice of any substantive changes to the Terms. Users will have 14 days from the date of notification to review and accept the updated Terms. Continued use of the Website after thenotice period constitutes acceptance of the modified Terms. If you do not agree with the updated Terms, you must cease using the Website and Services before the changes take effect.
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 MAIT DEV PTY LTD in the user interface.
- The Website, the content and all of the related products of MAIT DEV 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 content 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 content are owned or controlled for these purposes, and are reserved by MAIT DEV PTY LTD or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by MAIT DEV PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
MAIT DEV PTY LTD does not grant you any other rights whatsoever in relation to the Website or the content. Allother rights are expressly reserved by MAIT DEV PTY LTD.
- MAIT DEV PTY LTD retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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),
- You may not, without the prior written permission of MAIT DEV 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 content or third party content 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.
- Where you believe that your copyrighted work has been infringed upon, you must submit a written notification to containing: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the allegedly infringing material; (iii) your contact information; and (iv) a statement of good faith belief of infringement. will respond to all valid takedown requests within 5 business days and remove allegedly infringing content while investigating the claim. The alleged infringer may submit a counter-notification detailing why the content should be reinstated, which will process within 10 business days of receipt.
MAIT DEV PTY LTD takes your privacy seriously and any information provided through your use of the Website and/or content are subject to MAIT DEV PTY LTD's Privacy Policy, which is available on the Website.
- 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.
- Subject to this clause 5, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- MAIT DEV PTY LTD, its affiliates, employees, and agents will not be liable for any indirect, incidental, special, or consequential loss or for any loss of profits, revenue, goodwill, opportunity, data, or business interruption, arising out of or in connection with your use of the Website, the Services, or these Terms, whether at common law, in equity, under contract, tort (including negligence), or pursuant to statute or otherwise.
- You acknowledge and agree that you use the Website, its content, and any related digital services at your own risk. To the fullest extent permitted by law, everything on the Website and all content is provided on an "as is" and "as available" basis, without any warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, or licensors of Mait Dev Pty Ltd make any express or implied representation, warranty, or guarantee about the accuracy, reliability, availability, suitability, or completeness of the Website, itscontent, or any related services (including the products or services of Mait Dev Pty Ltd and any third-partymaterials or links). This includes (but is not limited to) loss or damage you may suffer as a result of any of the following:
- any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, malicious code, or unauthorised third-party access;
- reliance on any information obtained through the Website or linked resources;
- costs incurred as a result of using or being unable to use the Website, its content, or any related digital products of Mait Dev Pty Ltd; or
- the content or operation in respect to links which are provided for your convenience.
- Nothing in this clause excludes or limits any guarantee, condition, warranty, or right that cannot lawfully be excluded under the Australian Consumer Law.
- MAIT DEV PTY LTD's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
- You expressly understand and agree that MAIT DEV 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 orindirectly), any loss of goodwill or business reputation and any other intangible loss.
- You acknowledge and agree that MAIT DEV PTY LTD holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
- If you want to terminate the Terms, you may do so by providing MAIT DEV PTY LTD with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to MAIT DEV PTY LTD via the 'Contact Us' link on our homepage.
- MAIT DEV PTY LTD may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- MAIT DEV PTY LTD is required to do so by law;
- MAIT DEV PTY LTD is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by MAIT DEV PTY LTD, is in the opinion of MAIT DEV PTY LTD, no longer commercially viable.
- Subject to local applicable laws, MAIT DEV PTY LTD reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or theServices without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts MAIT DEV PTY LTD's name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and MAIT DEV PTY LTD have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- Upon termination of these Terms, Mait Dev Pty Ltd will retain your data for a period of 30 days, after which all personal information will be securely deleted unless required to be kept by law. You may request immediate deletion of your data by contacting in writing.
You agree to indemnify MAIT DEV PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
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).
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.
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
- Within 28 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;
- 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 or request that an appropriate mediator be appointed by the Resolution Institute;
- 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 precondition to the mediation commencing. The Parties must each pay their own costsassociated with the mediation;
- The mediation will be held in Brisbane, Australia.
- The mediation session must be scheduled within 28 days of mediator appointment, and each party must submit a brief summary of the dispute to the mediator at least 7 days before the mediation session. The costs of any required venue booking, administrative support, or expert reports shall be shared equally between the Parties, with payment required at least 5 days prior to the mediation session.
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.
If 2 months 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.
The Services offered by MAIT DEV 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 Queensland, Australia.
The Terms are governed by the laws of Queensland, 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 Queensland, 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.
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.
