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Website Terms and Conditions of Use Member Benefits Australia pty ltd (ABN 12 151 525 272) (MBA) maintains this website (www.MBAbenefits.com.au) and other related websites (sigmarewards.com.au and yourbenefits.com.au) for your information and convenience. The terms and conditions set out in this document (Terms) apply to all users of this Site. By using this Site, you accept and agree to these Terms. Please ensure that you read these Terms carefully, especially the disclaimers and limitations of liability. MBA may change these Terms at any time. Please check these terms at regular intervals for any changes - your continued use of the Site following any change to these Terms will be deemed acceptance of those changes.
infringes any party's rights or breach any standards, content requirements or codes promulgated by any relevant authority; or
is prohibited by these Terms.
In particular, you agree not to distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including, racial vilification, obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material. You must not bypass any security mechanisms imposed by the Site. Any material you send to us on or via the Site or by email will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you. You must not collect email addresses listed on this Site for any purposes connected with the production of marketing or email databases.
2. Products Any information provided on the Site in respect of any goods or services (Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the Products, which may change from time to time.
3. Disclaimers MBA does not warrant that:
access to this Site will be uninterrupted; or
that the services offered on the Site will be error-free; or
that defects will be corrected; or
that this Site or the server that makes it available is free of viruses or bugs.
Subject to clause 9, we reserve the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access. While MBA endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. All information and services are provided on an "as is" basis, and you are responsible for assessing their accuracy and you rely on them entirely at their own risk. Before relying on any information contained on the Site you should verify the accuracy of the information and its relevance to your particular circumstances. This may mean seeking independent advice. Subject to clause 9, and to the extent permitted by law, MBA disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content. All information on the Site is subject to change without notice. MBA does not warrant that this Site or any other websites referred to in the Site (External Sites) will be free from viruses or defects. To the fullest extent permitted by the applicable law and subject to clause 9, MBA excludes all terms, conditions and representations, express or implied in relation to the use of the Site.
4. Liability To the extent permitted by law, MBA excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, arising in relation to the use of the Site (including the inability to use the Site), whether or not MBA caused the negligence, and whether or not the possibility of loss was known to MBA. Subject to clause 9 and any liability that cannot be excluded by law, MBA and its directors and employees are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any information on this Site, to any material on External Sites, or to access or use of the Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. Where the law implies a warranty into these Terms which may not lawfully be excluded MBA's liability for breach of such a warranty shall be limited at its option, to any one or more of the following:
in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
5. Security of User IDs If use or access to any part of the Site that is subject to a logon system (Restricted Site), you must keep safe and secure all identification information (including username and password) (ID) used to access the Restricted Site. You are entirely responsible for any access to the Restricted Site, and acknowledge that any access to or use of Restricted Site by means of an ID assigned to you or your users is deemed to be access or use by you (other than any unauthorised use by MBA's own staff). You hereby indemnify MBA from and against any liability, damage or expense that MBA incurs or suffers as a result of any action, inaction or omission on your part, or from any use or misuse of the Restricted Site by using your ID, or the misuse of the Site by you.
6. Intellectual Property Unless otherwise indicated, MBA owns or has licence to all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on the Site. MBA authorises you to reproduce and download the materials exclusively for non-commercial personal use in the intended manner. Otherwise, to the extent allowed by law, no part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission from MBA. All names, logos and trade marks on this Site are the property of their respective owners. Nothing on the Site should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
7. Links to External Sites Where the Site contains any hyperlinks to any External Sites, MBA is not responsible for the accuracy, legality or decency of material or copyright compliance of any such External Sites. All hyperlinks are provided for convenience and information purposes only, and MBA does not approve, sponsor or endorse any of the External Sites.
8. Termination MBA reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate any service offered by or through this Site at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
9. Existing Contractual Arrangements Not Affected This Site may provide services and information to you as a customer of MBA pursuant to existing and separate contractual arrangements between you and MBA (Existing Contracts). Nothing in these Terms affect the rights and obligations of you and MBA under the Existing Contracts. However, MBA is not required to provide or maintain any service or information on the Site to the extent that MBA is not required to provide or maintain such services and information under the Existing Contracts.
10. Miscellaneous If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions. The information on this Site and these Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia (User Country), you acknowledge that:
if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site; and
if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site and you must direct all inquiries to the e-mail address "email@example.com". If you do rely on this Site, you agree to indemnify MBA for any loss, costs, liability or damage which MBA may incur as a result.
These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.