Terms of Use

Parties, Obligations and the Website

1. The maximus.com.au website ("Website") is owned and operated by Maximus Pty Limited (ACN: 097 922 042) ("Maximus").

2. Access to the secure areas of this Website is restricted to persons who are authorised customers of Maximus. Access by unauthorised persons is strictly prohibited.

3. By accessing, browsing and/or using this Website, each Customer is expressly agreeing to abide by the terms and conditions referred to in this document ("Terms of Use").

4. Each Customer should read the Terms of Use prior to using this Website.

5. Although Maximus may notify Customers of a change in the Terms of Use it is under no obligation to provide such notice and reserves the right to amend the Terms of Use at any time without notice.

6. It is the Customer´s responsibility to read and be familiar with the Terms of Use.

 

General Commercial Terms

7. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard browser:

a) access as presented on this Website information about Maximus, the terms of the relationship between Maximus and the Customer, and the goods and/or services presented on this Website; and

b) view historical and current information and reports on goods and/or services provided to the Customer’s by Maximus; and

c) communicate to Maximus the Customer´s desire to purchase goods and/or services presented on this Website.

The Customer must use this website solely for the above authorised purposes.

8. Upon registration and the opening of an account with Maximus, Maximus will authorise the Customer to become a Registered User. Customers will be notified once their Maximus account has become fully activated.

9. Registered Users will have access to secure areas of the Website and may view information specific to their account as well as place orders with Maximus for goods and/or services presented on this Website.

10. Notwithstanding anything in the Terms of Use or any other agreement between the Customer and Maximus, all orders are subject to the acceptance of Maximus and no order will be deemed to be accepted by Maximus until such acceptance is communicated to the Customer.

11. In addition to any other information Maximus thinks relevant, in deciding whether to accept an order placed by the Customer, Maximus may have regard to:

a) the Customer’s account with Maximus;

b) the Customer’s credit status; and

c) any previous dealings between Maximus and the Customer.

Maximus reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the above.

 

Customer Responsibilities

12. The Customer must:

a) use this Website in accordance with the Terms of Use;

b) if under the age of 18, obtain a parent or guardian’s consent prior to using the Website;

13. The Customer is responsible for maintenance and supply of all their own hardware and software used to access the Website and the Internet.

14. The Customer must not:

a) use the Website to post or transmit any information or materials in breach of any laws or regulations;

b) use the Website to infringe another parties copyright;

c) use the Website to infringe a third party’s privacy;

d) use the Website to defame, harasses, threaten, menace or offend another person;

e) post illegal, obscene, indecent, inflammatory or pornographic material or other material that could give rise to civil or criminal proceedings;

f) use the Website to send unsolicited, commercial or bulk email;

g) tamper with the settings of the Website;

h) use the Website to do anything that constitutes an offence under any law or regulation;

i) aid or assist any person to do any of the above acts.

 

Security

15. It is the Customer’s responsibility to ensure that all details including all telephone, email and address details are correct and current.

16. The Customer must maintain confidentiality on all maters communicated to them by Maximus.

17. The Customer must comply and obey all instructions and directions issued to it by Maximus regarding the use of the Website or membership details.

18. The Customer must not send or disclose it’s membership details to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it unless the details are disclosed to:

a) an authorised agent or employee (“Authorised Person“) of the Customer; and

b) that Authorised person agrees to be bound by the Terms of Use.

19. The Customer must immediately notify Maximus in writing if they become aware that the confidentiality of the membership details have been compromised or there has been an unauthorised use of the Customer’s Maximus account. Notice given to Maximus does not release the Customer from the Terms of Use.

20. In the event of an unauthorised use, Maximus will take reasonable steps to deactivate the Customer’s Account and issue the Customer with new membership details within a reasonable time.

 

Privacy

21. The Customer agrees that Maximus may use and provide personal information about it,s Customers that is collected on the Website. The collection and provision of collected information is subject to privacy laws and Maximus will comply with its Privacy Statement in dealing with any personal information.

22. Maximus may release to an Authorised Person information collected by Maximus from the Website.

 

Disclaimer

23. The content, products and services on this Website provided on an “as is” basis. Maximus does not represent the contents of this Website as being accurate, comprehensive, complete, verified or error free.

24. Maximus gives no guarantee that the Website will always be accessible and available and/or fault or virus free.

25. Prior to using any download Maximus recommends the user carry out an appropriate virus check as Maximus does not accept any liability for any computer viruses transmitted in connection with the use of this website.

26. Subject to any applicable law which cannot be excluded, the Terms of Use expressly set out in this document form the entire agreement. No other terms apply.

27. All trademarks displayed on this website belong to their respective owners unless otherwise indicated.

28. Visitors to this website are under an obligation to take all reasonable steps to minimise the extent of loss suffered as result.

29. Maximus owns the copyright in the content on this website and reserves its full rights for any unauthorised use by you.

30. The Customer releases from all liability whether in contract or tort (including negligence), to the maximum extent permitted by law as to the quality and fitness of purpose of the goods and services available on this website.

31. The Customer releases from all liability whether in contract or tort (including negligence), to the maximum extent permitted by law for any loss or damaged cause by factors reasonably considered to be the fault of third party conduct or equipment.

32. The Customer releases from all liability whether in contract or tort (including negligence), to the maximum extent permitted by law for any loss whatsoever of data, profits or revenue arising as a result of the use of this Website.

 

Links to other websites and third party content

33. The Website may contain links to other web sites operated by third parties ("Third Party Web Sites"). Maximus does not endorse, or approve of the operators of those Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

34. Subject to any applicable law which cannot be excluded, Maximus makes no warranties or representations:

a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or

b) that Third Party Material does not infringe the intellectual property rights of any person. Maximus is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.

35. All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. Maximus expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

36. Maximus may receive payments, fees and/or commissions from third party operators for goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the Website. The Customer consents fully to Maximus receiving such payments, fees and/or commissions.

37. Third party products, services and information (“Third Party Content”) are not provided or endorsed by Maximus. Where it is apparent that Third Party Content is not provided by Maximus or the Customer has left the Website, the Customer’s legal relationship in respect of the Third Party Content is with the third party provider.

38. Maximus does not check the accuracy or completeness of Third Party Content. It is the Customer’s responsibility to make any enquires regarding Third Party Content before relying on that content or before entering into a transaction in relation to Third Party Content supplied via the Website.

39. Maximus may receive payments, fees and/or commissions from third party operators for listing Third Party Content on the Website. The Customer consents fully to Maximus receiving such payments, fees and/or commissions.

 

Change of the Terms of Use

40. These are the current Terms of Use. They replace any other terms of use for the Website. Maximus may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. The Customer accepts that by doing this, Maximus has provided sufficient notice of the variation.

41. Maximus reserves any rights not expressly granted in these Terms of Use.

 

Suspension and Termination

42. The Customer may stop using the Website at anytime, for any reason.

43. Maximus may immediately suspend or limit the Customer?s access to the Website if:

a) the Customer is in breach of the Terms of Use and the breach in cannot be remedied or the customer has failed to remedy breach within thirty (30) days of being notified of the breach;

b) Maximus has reasonable grounds to believe that there is a real risk of loss or damage to us or another party unless Maximus suspends or limit usage;

c) the law requires Maximus to do so;

d) access to the Website becomes illegal;

e) the Australian Competition and Consumer Commission issues a competition notice relating to the Website or Maximus has reasonable grounds to believe it will do so; or

f) there is an emergency.

44. The Terms of Use are effective until terminated by Maximus.

45. Maximus may terminate this agreement and the Customers Access to the Website at anytime without notice.

46. In the event of termination, the Customer is no longer authorised to access the Website, but all restrictions, disclaimers and limitations of liability remain enforceable.

47. Termination will not affect any legal right that may have accrued to Maximus against the Customer up to the date of termination.

48. The law in force in the State of New South Wales, Australia governs this agreement and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

49. If any of the terms in this Terms of Use are invalid for whatever reasons, they will be struck out and the remaining terms will remain in force.

50. A failure by Maximus to pursue a breach of the Terms of Use by the Customer does not waive any rights Maximus has to pursue the Customer for a similar or subsequent breach