Terms & Conditions

Thank you for visiting www.mjcommunications.com.au (the "Site"), which may also be accessible through other addresses or channels. This Site is owned by MORGAN JAYDE BURLEY, trading as MJ COMMUNICATION (ABN 81 937 565 917). Throughout this document, MJ Communications will be referred to as "the Company."

These terms and conditions establish a contract between the Company and any individual who accesses or views this Site ("you"), including, in the case of minors (as defined by the legal age of majority in their jurisdiction), their legal parent or guardian (the "Agreement"). We ask that you carefully review this Agreement.

The Agreement governs your access to and use of the Site, as well as the information, services, and content provided through it. By accessing and using this Site, you agree to adhere to and be bound by the terms of the Agreement. If you do not agree with these terms, you must immediately discontinue using the Site and refrain from accessing or using any services we provide.

1. CONTENT

"Content" refers to, collectively and individually, all articles, blogs, videos, profiles, directories (including location, event, food, and business directories), and any services, advice, products, ratings, opinions, and features made available or advertised on or through the Site.
Any third party contributing to or providing Content, or otherwise associated with the Company or appearing on the Site, has represented to the Company that they are professionals with appropriate expertise and experience. However, the Company does not guarantee or warrant that these third parties are appropriately qualified or experienced.
The Content provided on or through the Site should not be regarded as professional advice, and we strongly recommend consulting with appropriate professionals before acting on any information contained within the Content.
We do not employ third-party providers, nor do we endorse or recommend them. It is your responsibility to conduct your own research regarding any provider before engaging them for additional services or content (whether paid or otherwise). Any ratings or opinions presented in the Content are independent and belong to the users of the Site.
The Company grants you a non-exclusive, non-transferable, limited license to use the Content strictly in accordance with this Agreement.
This license is personal to you, and you may not resell, sublicense, rent, lease, or otherwise distribute the Content. All other rights in relation to the Content are reserved by us.
You may only use the Content for personal, non-commercial purposes.
The Content is for general information purposes only and is not comprehensive. While we and/or third-party providers strive to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding its accuracy, to the fullest extent permitted by law.
To use our Site and/or the Content, you will need compatible hardware, software (with the latest version recommended or sometimes required), and internet access (fees may apply). The performance of the Site may be affected by these factors.
You acknowledge that your agreement with your internet and/or mobile network provider (the "Network Provider") will continue to apply when using the Site. As a result, you may be charged by the Network Provider for network connection services while accessing the Site, along with any other applicable third-party charges. You accept responsibility for any such charges. If you are not the bill payer for the mobile device being used to access the Site, it is assumed that you have obtained the bill payer’s permission.
Your right to use the Site is contingent upon your ongoing compliance with all provisions of this Agreement.
If you are the legal parent or guardian of a Minor, you are responsible for ensuring that the Minor complies with all provisions of this Agreement, as if they were named as you.
Our Site may contain links to third-party websites. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for the content on those websites. You should conduct your own investigations into the suitability of those websites.
We may modify, change, temporarily suspend, or withdraw any part of the Site and/or the Content, at any time and without notice, at our sole discretion.

2. ADDITIONAL LIMITATIONS OF LIABILITY

You acknowledge that the information contained in the Content is based on publicly available information and/or provided by third parties independent of the Company. The Company does not warrant or guarantee, and will not be responsible for, any misrepresentation regarding the accuracy of the information contained in the Directories.
The following limitations of liability apply in addition to those contained in any Marketing Package Agreement (whether you have or will complete such an Agreement):

a) You acknowledge and agree that the Company will not be liable to you or any other persons for:

i. Any loss or damage of any kind directly or indirectly caused by, or resulting from, your use of the Content and/or the Site; or ii. Any direct, incidental, special, or consequential damages, including loss of profits or anticipated profits, even if we have been advised of the possibility of such damages.

b) You release the Company from any liability or claims, including but not limited to:

i. Any personal injury, illness, or death caused to you or any other person; and ii. Any breach of the Company’s obligations.

c) The Company does not warrant or guarantee that the Site or the Content will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and you release the Company from any liability related to such occurrences. d) You assume full responsibility for backing up and/or otherwise protecting your data on the Site against loss, damage, or destruction. e) The Company is not responsible for data charges you may incur in connection with your use of the Site or the Content.

You acknowledge and agree that the limitations of liability in clause 2.2 are fundamental to the Company, and the Company would not have entered into this Agreement without them.
You indemnify the Company for:

a) All losses and expenses incurred by us (including legal costs on an indemnity basis); and b) All liabilities incurred by us; directly or indirectly caused by, or resulting from, any breach of this Agreement or from any wrongful, willful, or negligent act or omission by you.

Any representation, warranty, condition, or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom, or usage is excluded to the fullest extent permitted by law.
Despite clauses 2.1 and 2.4, nothing in this Agreement excludes, restricts, or modifies any condition, warranty, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited, at our option, to:

a) The supply of the Content provided under this Agreement; or b) The payment of the cost of having the Content supplied again.

3. INTELLECTUAL PROPERTY

You acknowledge that the Site, including but not limited to the Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Site or the Content, contains proprietary information and materials owned by the Company and/or its licensors, protected by applicable intellectual property and other laws. You agree not to use such proprietary information or materials except for your personal, non-commercial use of the Site or the Content in compliance with this Agreement.
No portion of the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Content in any manner and shall not exploit the Content in any way not expressly authorized by this Agreement. This clause does not modify, restrict, or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted, or excluded.
If you believe any Content available through the Site infringes your copyright, please contact the Company.

4. GENERAL PROVISIONS

We may vary, alter, or amend these Terms and Conditions at any time, without providing you with specific notice. Each time you use the Site or the Content, you are deemed to accept the then-current Terms and Conditions.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site and/or the Content. Your use of the Site and/or the Content may also be subject to other applicable laws.
You hereby grant the Company the right to take steps that the Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that the Company has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company’s right to cooperate with any legal process relating to your use of the Site and/or the Content, and/or a third-party claim that your use of the Site and/or the Content is unlawful and/or infringes such third party’s rights).
A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise it, delay exercising it, or only exercise part of it. A waiver of one breach of a term of this Agreement does not operate as a waiver of any other breach of the same term or any other term.
If any provision of this Agreement is wholly or partially invalid or unenforceable in any jurisdiction, that provision or the part of it that is invalid or unenforceable must, to that extent, be treated as deleted from this Agreement, without affecting the validity or enforceability of the remaining provisions of this Agreement.
This Agreement is governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
The obligations contained in this Agreement survive termination of this Agreement.
You may not assign, transfer, license, or novate any of your rights or obligations under this Agreement without our prior written consent.

5. CONTACT

Please contact us at hello@mjcommunications.com.au for any questions or issues regarding the Site, Content, or this Agreement.