1.1 The Website provides information of a general nature about Mondo Power to its customers and other stakeholders.
1.2 Whilst Mondo Power has taken reasonable steps to ensure the accuracy of the material on the Website, Mondo Power does not warrant that the information is correct, complete or adequate and does not warrant that the information will be useful for any particular purpose.
1.3 Mondo Power will use reasonable endeavours to provide you with reliable, secure and stable access to the Website but cannot guarantee that the access will be continuous, fault-free, secure or accessible at all times.
2.1 Whilst Mondo Power will use reasonable endeavours to provide you with secure access to the Website, Mondo Power cannot guarantee the security of the Website at all times.
2.2 You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Website and you are responsible for keeping all security-based information secure and private at all times.
2.3 Mondo Power strongly recommends you install and keep updated a personal firewall and/or the appropriate anti-virus software on your device.
4.1 You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. Additionally, you agree not to:
(a) access, monitor or copy any content or information of the website using any robot, spider, scraper or other automated means or any manual process for any purpose without Mondo Power’ express written permission;
(b) violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to the website;
(c) take any action that imposes, or may impose, in Mondo Power’ discretion, an unreasonable or disproportionately large load on its server infrastructure;
(d) deep-link to any portion of the website for any purpose apart from where expressly permitted by this Agreement;
(e) “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without Mondo Power’ prior written consent; or
(f) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Mondo Power in connection with the Website.
5.1 To the maximum extent permitted by law, Mondo Power accepts no responsibility or liability for any loss or damage (including for any indirect or consequential loss) relating to access or use of this website including the use or misuse of the information provided on this Website.
5.2 Mondo Power makes no warranties or representations as to the accessibility, security, stability or reliability of the Website.
5.3 Mondo Power will use reasonable endeavours to ensure that the Website is current, and where there are updates or changes, the Website is updated as quickly as possible. Occasionally, it may take some time for the Website to be updated. Mondo Power will not be responsible and it shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of this delay.
5.4 Mondo Power shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of your use of the Website, including but limited to, any viruses or malware your Device may become subject to during your use of the Service.
5.5 Subject to your rights arising under the Competition and Consumer Act 2010 (Cth) or other similar consumer legislation, you agree that Mondo Power will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service whether as a result of any breach or default by Mondo Power, or any negligence of Mondo Power. The maximum liability of Mondo Power under this Agreement for any and all breaches of this Agreement, and any negligence in relation to this Agreement will be $10.00.
5.6 If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of Mondo Power is limited, at the option of Mondo Power, to the supplying of the services again or the payment of the cost of having the services supplied again.
5.7 Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of Mondo Power will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.
6.1 You agree to indemnify and keep indemnified, Mondo Power, employees and officers against all loss, cost, expense or damage which Mondo Power, its agents, employees or officers suffer or incur, as a direct or indirect result of your breach of this Agreement or any misuse of the Website.
7.1 The Website incorporates components licensed to Mondo Power by third parties, which may be subject to their own End User Licence Agreements (“Third Party Licences”).
7.2 You agree that your use of the Website, in addition to this Agreement, will be governed by any terms and conditions specified by any Third Party Licence and you agree to be bound by all terms and conditions of any Third Party Licence.
8.1 Links to other websites are provided for your convenience. Mondo Power does not control these websites and cannot be responsible for the content or accuracy of the information or other material on those websites. Your use of material on any third party website will be governed by the terms and conditions applicable to that website.
8.2 The inclusion of any links to other websites does not mean that Mondo Power endorses or approves of the content of those linked sites.
8.3 Mondo Power gives no warranty (express or implied) as to the accuracy, completeness or adequacy of material on any third party website.
9.1 The law of Victoria governs this Agreement. The parties consent to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to this Agreement.