Terms of Service

Website Terms of Service

1. About this websiteWebsite Owner = madhouseMEDIA (ABN (69 088 101 907) (“ [Website Owner] ”) (Domain name = www.portmacwebsites.com the “website”)

2. About these terms of use

These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.

4. Modifications to the Terms

madhouseMEDIA may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

5. Modifications to the information

madhouseMEDIA does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of madhouseMEDIA.

6. Errors and problems

madhouseMEDIA does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

7. License and Ownership

The copyright for the content on this website is owned or licensed by madhouseMEDIA and is protected under the Copyright Act 1968 and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of madhouseMEDIA.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of madhouseMEDIA.

8. madhouseMEDIA Privacy Policy

The madhouseMEDIA privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by madhouseMEDIA for the purposes of being made available to customers and the general public declaring the company’s commitment to thePrivacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at http://www.madhousemedia.com.au/privacy-policy.

9. Feedback, suggestions, comments or requests

madhouseMEDIA does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to marketing@madhousemedia.com.au and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and madhouseMEDIA is under no obligation to keep such information confidential, and madhouseMEDIA will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

9. Outbound links

The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by madhouseMEDIA. madhouseMEDIA makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. madhouseMEDIA may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the madhouseMEDIA website.

10. Inbound links

madhouseMEDIA generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and madhouseMEDIA.However, linking to any other page of the website is strictly prohibited, without express written permission from madhouseMEDIA.

11. Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of NSW and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of NSW, Australia.

12. Disclaimer of Warranties

madhouseMEDIA makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

13. Limitation of Liability

If madhouseMEDIA is found responsible for any damages, madhouseMEDIA is responsible for actual damages only. In no event shall madhouseMEDIA, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

14.General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and madhouseMEDIA with respect to the subject matter hereof.

a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the madhouseMEDIA that you are able to make a legally binding contract.

c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.

d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.

e. madhouseMEDIA reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with madhouseMEDIA only comes into existence when madhouseMEDIA forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.

f. This contract shall be governed by and construed in accordance with the law in effect in the State of NSW and by entering into contract both parties are accepting the jurisdiction of the courts of the State of NSW in relation to any dispute between them.

g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to madhouseMEDIA if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by madhouseMEDIA within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.

h. madhouseMEDIA shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and madhouseMEDIA shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.

i. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify madhouseMEDIA in respect of any such use. madhouseMEDIA is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by [Website Owner] for the consequences of the use of damaged goods by you.

j. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of madhouseMEDIA implied by the Goods Act, 1958.