LAST UPDATED: 13 DECEMBER, 2024
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereafter referred to as ‘you’), and Fabian Colussi, doing business as MPR Media (hereafter referred to as ‘MPR Media’, ‘we’, ‘us’, or ‘our’).
These Terms of Use concern your access to and use of the https://www.mprmedia.com.au website as well as any other related, linked, or connected media form, media channel, mobile website or mobile application (hereafter collectively referred to as ‘our Website’ or ‘the Website’).
Please read these Terms of Use carefully before accessing or using our Website. By visiting and/or interacting with our Website or purchasing something from us you engage in our ‘Services’, and in doing so you agree that you have read and understood, and agree to be bound by, all of these Terms of Use.
These Terms of Use apply to all users of our Services, including, without limitation, users of our Website who are browsers, vendors, customers, merchants, and/ or contributors of content.
New features or tools may be added to our Website without notice, and these shall also be subject to these Terms of Use. We also reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. We will alert you about any changes by updating the ‘Last Updated’ date of these Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Website and Services following the posting of any changes constitutes acceptance of those changes.
If you do not agree with any of these Terms of Use, please do not use our Services. If you have any questions or concerns, please feel free to contact us at support@mprmedia.com.au.
The information provided on our Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Anyone choosing to access our Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Our Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use the Website. Further, you may not use our Website in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Unless otherwise indicated, this Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (hereafter referred to collectively as the ‘Content’) and the trademarks, service marks, and logos contained therein (hereafter referred to collectively as the ‘Marks’) are owned, controlled by, or licensed to MPR Media, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia and the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on our Website “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of our Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use our Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
This Website is intended for users who are at least 18 years old. By using the Website, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate the provision of any of our Services and refuse any and all current or future use of our Website (or any portion thereof).
You may not access or use our Website for any purpose other than that for which we make it available. It may not be used in connection with any commercial endeavours, except those that are specifically endorsed or approved by us.
As a user of our Website, you agree not to:
We make every effort to display as accurately as possible the features, specifications and details of the products and Services available on our Website. We do not, however, guarantee that the features, specifications and details of the products and Services will be accurate, current, or free of errors.
We reserve the right, without obligation, to limit the sales of our products and Services to any person, geographic region or jurisdiction, and to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
All products and Services are subject to availability. We reserve the right to discontinue any products or Services at any time for any reason. Prices for all products and Services are subject to change.
We accept payment for our products through PayPal, including via credit card and debit card as facilitated through the PayPal payment service.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Australian Dollars (AUD).
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge PayPal for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through our Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or name, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
MPR Media takes fraud prevention very seriously and will continually work to protect the security of our customers. We reserve the right to flag any online order for fraud prevention purposes. This may cause delays in processing in some instances.
Customers are encouraged to provide accurate contact information and MPR Media will make any attempts at corresponding with customers through the contact information provided.
Customers submitting orders with varying information may be subject to such delays in processing. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided.
All comments, feedback, messages, suggestions, proposals, creative ideas, and other submissions, content and materials, including but not limited to text, writings, video, audio, photographs and graphics, that you create, send, submit, post, and/or display, whether online, by email, by postal mail, on or to this Website, or otherwise disclose shall hereafter be referred to collectively as ‘Contributions’.
MPR Media shall own perpetual, non-exclusive rights, including all worldwide rights, titles and interests in all copyrights and other intellectual property rights, and shall be entitled to the unlimited and unrestricted use and dissemination of these Contributions for any lawful purpose, commercial or otherwise.
Without limiting the foregoing, MPR Media is and shall be under no obligation to:
You hereby waive all moral rights to any such Contributions, and you hereby warrant that any such Contributions are original with you or that you have the right to submit such Contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions.
Your Contributions may be viewable by other users of the Website and through third-party websites. Any Contributions you make available may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of our Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Website.
By posting your Contributions to any part of our Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to:
We have no obligation to monitor your Contributions.
We may provide you areas on our Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if any party considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licencable right and licence to reproduce, modify, translate, transmit by any means, display, and/or distribute all content relating to reviews.
Our Website may contain links to Third-Party Websites, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.
We do not investigate, monitor, or check Third-Party Websites or their content for accuracy, appropriateness, or completeness. We are not responsible for any Third-Party Websites accessed through our Website, or any third-party content posted on, available through, or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or their content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or their content does not imply our approval or endorsement. If you decide to leave our Website and access a Third-Party Website or to use or install any third-party content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern.
You should therefore review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Website, or relating to any applications you use or install from our Website.
Any purchases you make through Third-Party Websites will be through other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall not hold us culpable or liable for any harm caused by your purchase of such products or services. Additionally, you shall not hold us culpable or liable for any losses sustained by you or harm caused to you relating to or resulting in any way from contact with Third-Party Websites or their content.
We may allow advertisers to display their advertisements and other information in certain areas of our Website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Website and any services provided on the Website or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on our Website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We reserve the right, but not the obligation, to:
We care about data privacy and security. By using our Website and/or submitting any personal information to MPR Media, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use and can be found on our Website at https://www.mprmedia.com.au/privacy-policy/.
We respect the intellectual property rights of others. If you believe that any material available on or through our Website infringes upon any copyright you own or control, please contact us immediately at support@mprmedia.com.au.
In your correspondence, please ensure that you provide as much relevant information as possible to support your claim, including but not necessarily limited to:
In the event that your claim involves material that was posted to our Website by one or more third-party(s), we will forward a copy of your claim to the relevant party(s).
Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations regarding copyright infringements. If you are therefore not sure that material located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while you use this Website and/or our Services. Any obligations and liabilities of each of the parties incurred prior to the termination date shall survive the termination of these Terms of Use.
Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person or entity for any actual or suspected breach of any of these Terms of Use or any applicable law or regulation. This may also include the deletion of any content or information posted to our Website. You will be deemed liable for all amounts due up to and including the date of termination.
There may be information on our Website that contains typographical errors, inaccuracies, or omissions, including product descriptions, pricing, availability, and various other information.
Such issues notwithstanding, we reserve the right, without obligation or prior notice, to at any time (including after you have submitted an order) and in our sole discretion:
We apologise for any inconvenience caused by errors, inaccuracies, or omissions on our Website.
MPR Media will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Website.
We cannot guarantee that our Website will be available at all times. We may periodically experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
These Terms of Use shall be governed by and defined following the laws of Australia. MPR Media and you irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
To expedite resolution and control the cost of any dispute, controversy, or claim (hereafter referred to collectively as the ‘Dispute’) relating to these Terms of Use brought by either you or MPR Media (hereafter referred to as the ‘Parties’), the Parties agree to initially attempt to negotiate the Dispute (except those expressly provided below) informally for at least thirty (30) days prior to initiating arbitration. Such informal negotiations commence upon written notice from one of the Parties to the other of the Parties.
Any Dispute arising out of or in connection with these Terms of Use, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, A venue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be no less than one (1) and more than three (3). The seat, or legal place, of arbitration shall be Sydney, Australia. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Australia.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
If this provision is found to be illegal or unenforceable, then neither of the Parties will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The use of this Website is covered by our disclaimer, which can be found on the Website at https://www.mprmedia.com.au/disclaimer/.
In no event will MPR Media or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of this Website, even in the event that we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising.
You agree to defend, indemnify, and hold MPR Media harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to our Website, as well as data relating to your use of the Website, for the purpose of managing its performance.
Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
By submitting your personal information on or through our Website and/or in the interaction with or receipt of our Services, you agree that MPR Media may send electronic mail or other communications to you for the purpose of advising you of changes or additions to the Website, about any of our products or services, or for such other purpose(s) as we deem appropriate. Please refer to our Privacy Policy at https://www.mprmedia.com.au/privacy-policy/ for additional information.
Visiting our Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Website, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by MPR Media or via our Website.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We reserve the right to transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and MPR Media as a result of these Terms of Use or use of the Site. You agree that these Terms of Use and any ambiguities in the interpretation of these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the Parties hereto to execute these Terms of Use.