Terms & Conditions

In these terms and conditions of use, “us”, “we”, or “our” means MAD 4 U Pty Ltd (ACN 160 445 590).

It is important that you understand these terms and conditions of use. If you have any questions please contact us at enquiries@mad4u.com.au

1.     AGREEMENT

1.1.  By accessing and using www.mad4u.com.au, our applications, our services and any of the constituent components of the applications, functions and services provided at www.mad4u.com.au (hereafter referred to as “www.mad4u.com.au”), you agree to be bound by these terms and conditions and any other policies, terms or conditions published on www.mad4u.com.au.

1.2.   These terms and conditions may be varied or modified by us, in our sole discretion, without notice to you. You should frequently review these terms and conditions. By continuing to use www.mad4u.com.au after any variations or modifications to these terms and conditions, you agree to be bound by these terms and conditions as varied or modified.

2.     ELIGIBILITY FOR MEMBERSHIP

2.1.  You must not register or attempt to register an account at www.mad4u.com.au unless:-

2.1.1.     you are at least 18 years old; 

2.1.2.    you have not been convicted of any criminal offence characterised as a sexual offence;

2.1.3.    you have not previously had an account suspended or terminated from www.mad4u.com.au; and

2.1.4.    you have read, understood and agreed to our Privacy Policy

2.2.  Any information you provide to us when registering an account at www.mad4u.com.au must be accurate, complete and up-to-date.

2.3.  You are permitted to create one account only at www.mad4u.com.au.

2.4.  We reserve the right to refuse to register an account at www.mad4u.com.au for any reason.  

3.     USING OUR SERVICES

3.1.  You agree that you will use www.mad4u.com.au only in accordance with these terms and conditions.

3.2.  You agree that you will use www.mad4u.com.au for your sole, personal use.

 3.3.  You understand that you are responsible for maintaining confidentiality of your username and password and that you are responsible for all activity that occurs on your account. You must notify us immediately of any unauthorised access to your account.

3.4.  We are not responsible for any loss or damage arising from the misuse of your account or the misappropriation of your username and password.

 3.5.  www.mad4u.com.au is provided on an “as is” and “as available” basis. We do not make any representation or provide any warranty that your access to www.mad4u.com.au will be uninterrupted or error free.

 3.6.  We reserve the right to change or discontinue any features or any services offered at www.mad4u.com.au at any time without notice to you.

 3.7.  You agree to assume all risk when using www.mad4u.com.au, including any risks associated with online or offline interactions with members of www.mad4u.com.au.

 3.8.  You agree to use www.mad4u.com.au lawfully and only in accordance with these terms and conditions of use.

4.     SUBSCRIPTION

4.1.  In order to access paid services?) you must subscribe to www.mad4u.com.au.

4.2.  Descriptions of paid services, pricing details, and accepted payment methods are available elsewhere on www.mad4u.com.au. Such details, descriptions, terms and conditions form part of these terms and conditions.

4.3.  We reserve the right to vary the pricing details of any paid services at any time.

4.4.  Where GST applies, we will issue you with a tax invoice in electronic form.

4.5.  You may cancel your subscription to www.mad4u.com.au at any time.

 4.6.  To the extent permitted by law, subscriptions to www.mad4u.com.au are non-refundable and non-transferable.

4.7.  If you do not cancel your subscription to www.mad4u.com.au prior to the end of the subscription term, you agree that your subscription will be automatically renewed for a period being the same duration as the original subscription term. If your subscription is automatically renewed, you acknowledge and agree to the pricing details for the paid services as they are published at www.mad4u.com.au/packages-prices at the time of the renewal.

5.     PROHIBITED ACTIVITIES AND CONTENT

5.1.  You agree that you will not use www.mad4u.com.au:

5.1.1.     in an unlawful manner;

5.1.2.    in contravention of these terms and conditions and any other policies, terms and conditions published on www.mad4u.com.au;

5.1.3.     to harass, intimidate, defame, threaten or offend others;

5.1.4.     to publish, display, distribute or otherwise communicate any pornographic, profane, inflammatory, inaccurate or illegal images, sounds, text or other information;

5.1.5.     to publish, display, distribute or otherwise communicate any worms, viruses or other harmful, malicious or disruptive code;

5.1.6.     to solicit or obtain money from others;

5.1.7.     to defraud or deceive others;

5.1.8.     to damage, disable, overburden or impair www.mad4u.com.au;

5.1.9.     to impersonate any person or entity;

5.1.10.  to misrepresent any person or entity;

5.1.11.  for any commercial enterprises or endeavours.

5.2.  We reserve the right, but have no obligation, to review, modify and/or remove any images, sounds, text or other information that is posted on www.mad4u.com.au or transmitted to any member of www.mad4u.com.au by any means.

5.3.  We reserve the right to monitor, retain and disclose to any person or entity (including law enforcement agencies) any information (including personal information) that you transmit to us or to any third party through www.mad4u.com.au.

5.4.  We provide no warranty in relation to the accuracy, reliability or completeness of any images, sounds, text or other information posted on www.mad4u.com.au.

6.     TERMINATION AND SUSPENSION 

6.1.  Notwithstanding anything to the contrary in these terms and conditions, we reserve the right to do any or all of the following, without notice to you, for any reason:

6.1.1.     modify your account;

6.1.2.     suspend or terminate your account;

6.1.3.    permanently or temporarily block you from or prevent you from accessing www.mad4u.com.au.

6.2.  You may terminate your account at any time, for any reason, by accessing the “settings” page of your account.

6.3.  You will not be entitled to the refund of any subscription fees if your account is terminated by you or terminated or suspended by us.

7.     OUR INTELLECTUAL PROPERTY

7.1.  www.mad4u.com.au contains material protected by copyright and other intellectual property rights owned by us. 

7.2.  We own and retain all proprietary rights in and relating to www.mad4u.com.au.

7.3.  You agree that you will not copy, modify, publish, sublicence, distribute or transmit any intellectual property owned by us without our prior express written consent, except in accordance with these terms and conditions.

7.4.  You are granted a non-exclusive, non-transferable limited licence to access and use www.mad4u.com.au subject to these terms and conditions.

7.5.  You agree that you will not “frame” or “mirror” www.mad4u.com.au without our prior express written consent.

7.6.  You agree that you will not use any robot, spider or other automated data gathering process to collect information from www.mad4u.com.au.

8.     YOUR INTELLECTUAL PROPERTY

8.1.  In relation to any images, sounds, text or other information transmitted by you, on or through www.mad4u.com.au  you warrant that:-

8.1.1.    you have the right to transmit the images, sounds, text or other information;     and

8.1.2.    by transmitting any images, sounds, text or other information, you will not infringe the intellectual property rights of any third party.

8.2.  You grant to us the right to deal with in any way and for any purpose, any images, sounds, text or other information that you provide, publish, display or otherwise transmit on or through www.mad4u.com.au

9.     PRIVACY

 9.1.  Our Privacy Policy forms part of these terms and conditions. We manage your personal information in accordance with our Privacy Policy and in accordance with the Privacy Act 1988 (Cth).

9.2.  You consent to us collecting personal information and sensitive information in accordance with these terms and conditions and our Privacy Policy

10.  COMPLAINTS AND DISPUTES

10.1.   If you wish to make a complaint against or report a dispute with another member of www.mad4u.com.au you may do so by sending an email to enquiries@mad4u.com.au

10.2.   We may, but are under no obligation, to investigate and/or monitor complaints and disputes.

10.3.   You authorise us to record, store and disclose to any third party any information in relation to any complaint or dispute involving you.

10.4.   You agree to release and discharge us, to the fullest extent permitted by law, from any and all claims, demands, costs, losses and liabilities arising out of or in connection with a dispute or complaint you make against another member of www.mad4u.com.au.

11.  THIRD PARTY CONTENT 

11.1.   We may from time to time display content provided by third parties. We do not control or endorse any third party content nor do we accept any responsibility for any third party content.

11.2.    You acknowledge and agree that you use any third party content at your own risk.

11.3.   You acknowledge and agree that we are not responsible or liable in any manner   for any third party content. 

12.  LIMITATION OF LIABILITY AND INDEMNITY

12.1.   You acknowledge and agree that you use www.mad4u.com.au at your own risk.

12.2.   To the maximum extent permitted by law, you release and discharge Mad 4 U Pty Ltd ACN (160 445 590) its directors, members, employees and agents from any and all liability arising as a result of your use or misuse of www.mad4u.com.au.

12.3.   You agree to indemnify Mad 4 U Pty Ltd ACN (160 445 590) its directors, members, employees or agents from any and all claims, demands, costs, losses and liabilities arising out of or in connection with your use or misuse of www.mad4u.com.au.

12.4.   To the maximum extent permitted by law, all conditions, warranties and representations on our part, whether express or implied, statutory or otherwise and whether collateral or antecedent to these terms and conditions are expressly excluded and negatived.

12.5.   To the extent that our liability cannot be excluded, it is expressly limited to the total amount of subscription fees paid by you, to us.

13.  INTERPRETATION

13.1.      In these terms and conditions:- 

13.1.1.     words importing the plural include the singular and vice versa;

13.1.2.     any reference to statutes, regulations, ordinances or by-laws include all statutes, regulations, ordinances or by-laws, amending, consolidating or replacing them.

13.2.      These terms and conditions are to be interpreted in accordance with the laws of Queensland and the parties submit to the jurisdiction of the courts of Queensland.

13.3.      These terms and conditions, along with any other policies, terms or conditions incorporated by reference, constitute the entire agreement between you and us in relation to your use of www.mad4u.com.au.

13.4.      If any provision of these terms and conditions is either wholly or partly invalid, unenforceable, void or voidable, these terms and conditions must be read down as if that provision or part of that provision had been severed and the remainder of these terms and provisions will continue in full force and effect.