Website Terms of Use
Introduction
Please read these website Terms of Use carefully before using this website. The website terms of use (“Terms of Use”) govern your access to and use of the website. The website is available for your use only on the condition that you agree to all the terms of use. If you do not agree to these terms of use, do not access or use the website. By accessing this website, you signify your agreement to be bound by the terms of use.
The MIAL website is owned and operated by Maritime Industry Australia Ltd ABN 73 006 627 934 (MIAL).
The Terms of Use of the MIAL website includes these Terms and Conditions, the Privacy Policy, and any other terms and conditions that appear in or are linked to the MIAL website (Additional Terms and Conditions).
These Terms of Use govern access to and use of the MIAL website. Your access to and use of the MIAL website constitutes your acknowledgement and acceptance of these Terms of Use, MIAL’s Privacy Policy, MIAL’s Membership Terms and Conditions, MIAL’s Member Portal Terms of Use, and MIAL’s Booking Terms and Conditions.
The Additional Terms and Conditions that appear on the MIAL website will govern your use of, and access to, certain sections of the MIAL website where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever relevant to you when using the MIAL website.
Scope of Terms of Use
These Terms of Use govern your use of the website and all applications, software, and services available via the MIAL website, except to the extent that such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you via the website.
Changes to Terms of Use
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.
Severability
If at any time any of the provisions set forth in these Terms of Use are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from the MIAL Terms of Use. All other provisions will not be affected by the removal and the rest of these Terms of Use will still be considered valid.
Website content and access
While MIAL endeavours to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy, or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, MIAL disclaims all liability for any and all loss directly or indirectly arising from your use of or reliance on the website and the website content.
MIAL utilises a third party host for this website and does not warrant that the software used is free from malware, viruses or any other thing that may cause harm to any device that accesses the MIAL website or any data on such a device.
As detailed in MIAL’s Member Portal Terms of Use, MIAL reserves the right to moderate any user-generated website content as it considers appropriate.
Website not available
MIAL does not accept responsibility if the website is not available to you due to any computer downtime, malfunction, or such other event outside the control of MIAL.
Termination
We may terminate or suspend access to the MIAL website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use.
All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Amendments to the MIAL website
MIAL reserves the right to revise or remove information from the MIAL website at any time and without notice. By using our website, you accept the Terms of Use as they apply from time to time.
Governing laws
The laws of Victoria, Australia, govern these Terms of Use. If you access the website from outside Australia, you are responsible for ensuring compliance with all applicable laws in your location.
Anti-spam notice
Publication of electronic addresses on the website is for professional communication only. The MIAL website must not be used to infer consent by MIAL to the receipt of unsolicited commercial electronic messages.
External links
The MIAL website may contain links maintained by other organisations over which MIAL has no control. MIAL does not sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products, and services at your own risk.
Limitation of liability
MIAL expressly makes no warranties or representations about the website or any of the content. MIAL accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the website or any of the content.
MIAL does not guarantee that the website will not cause damage or is free from viruses or other defects or errors.
Under no circumstances will MIAL be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising from the content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.
MIAL excludes, to the maximum extent permitted by law, any liability that may arise due to the use of the website or the content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, for breach of warranty or guarantees MIAL will, at its option, supply the services again, or pay for the cost of having the service supplied again.
To the maximum extent permitted by law, MIAL excludes all liability for any loss or damage of any kind (including special, indirect, or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the MIAL website except to the extent that the loss or damage is directly caused by MIAL fraud or wilful misconduct under Australian consumer law.
Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms of Use which may not lawfully be excluded, then provided it is fair and reasonable to do so, MIAL’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:
- In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the fee of having the goods repaired; and
- In the case of services, either resupplying the services or paying the cost of having the services supplied again.
Website submissions
Any material you send to us on or via the MIAL website (for example, through our member forum) will be deemed to be non-confidential and non-proprietary unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas, or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.
Indemnification
You agree to indemnify, defend, and hold harmless MIAL, its officers and employees, from any loss, liability, claim, demand, or expenses asserted by any third party due to or arising from or in connection with your use of the content or your conduct on the website, or messages posted or transmitted by you on or through the website including through any member forum.
Intellectual property
All intellectual property rights, including but not limited to rights pertaining to copyright, trademarks, logos, and designs related to the MIAL website, HTML text and code underlying the website, and information on the website are vested in MIAL unless otherwise stated. All rights reserved.
Other than for, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, or as otherwise provided for in this copyright notice, no part of the content may in any form or by any means (including electronic, mechanical, micro-copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or copied on any other internet website, without the prior written permission of the copyright owner.
Copyright in other material
MIAL makes no warranty or representation that third party material on the website does not infringe the intellectual property rights of any person anywhere in the world. MIAL does not, nor is it taken to be, authorising the infringement of any intellectual property rights contained in material on other sites by linking the website to such material on other sites.
Logos and trademarks
No permission is given for reproduction or publication by any person of MIAL’s logo and domain name, except in those circumstances where there is approved linking.
MIAL’s logo and trademarks must not be used except as permitted by the Copyright Act 1968 (Cth) or by written agreement from MIAL.
The website may contain trademarks and logos of other companies or organisations, and these are proprietary to the registered owner(s) of such marks.
Links to the MIAL website
If you wish to establish a link to the MIAL website, you must first seek approval from MIAL.
The following information will be required to assess your request:
- the URL of the website that you seek to establish a link from.
- a brief description of your website.
- the reason that you wish to establish a link.
If MIAL agrees to your proposed link, you must comply with any terms and conditions imposed by MIAL as a condition of such agreement. If the nature or content of your website changes in any significant way, you must contact MIAL and provide a new description of your website.
Links to other websites
The MIAL website may contain links to third party websites or services that MIAL does not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our website. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
Prohibited use
The following uses and actions are prohibited unless prior written consent has been obtained from MIAL:
- Accumulate, compile, disseminate, extract, process or reproduce in any form any web pages or content contained on any web page on the MIAL website.
- Use or reproduce any MIAL trademark, logo, or design on the MIAL website.
- Use contact information specified in the MIAL website about a person, body corporation or other legal entity to send unsolicited communications in any form to that person, body, corporation, or other legal entity.
- Use the MIAL website in any manner that hinders or prevents access to or use of the MIAL website by MIAL or other users.
- Use any device, process, routine, or software that either systemically or non-systematically interferes or attempts to interfere with the functioning of the MIAL website, or any transaction or process conducted on or through the MIAL website.
- Incorporate into or store information from the MIAL website in any other website, database, publication, or other work in any form.
- Use the MIAL website other than as expressly permitted by these Terms of Use; or
- Use the MIAL website for any unlawful purpose or activity.
Cookies
The MIAL website contains “cookies”, which are small text files that contain information stored on the user’s computer when visiting the MIAL website.
The cookies are used for a variety of purposes, including but not limited to:
- Counting the number of visitors and analysing traffic.
- Accessing and logging into functions for subscriptions.
These may be “persistent” cookies that are permanent and stored on the user’s computer after the web browser is closed, or “session” cookies, which disappear when the user closes the web browser.
The user can change the settings in the web browser to disable the storage of persistent cookies. Just follow the directions provided in the internet browser’s technical information.
Security
When you pay your membership fees or register for programs, events or activities, our secure server uses SSL (Secure Sockets Layer) to connect to our website. SSL is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. SSL is an industry-standard used by millions of websites to protect their online transactions with their customers. We strive to use commercially acceptable means to protect your information, but we cannot guarantee its absolute security.
InstantSSL certification
MIAL has an instantSSL certificate, and this identifies MIAL as a secure environment in which you can transact. To view details of our security certificate, please click on the padlock in your browser footer.
MIAL’s payment gateway is eWAY, which uses 128 bit DES Encryption right through to the bank’s EFTPOS networks, where credit card transactions are automatically processed. You can obtain further technical information about our payment gateway by visiting our supplier’s site https://www.eway.com.au/legal.
Invalid Terms of Use
If any part of the terms contained in these Terms of Use is determined by a court to be invalid, unlawful, or unenforceable, then such terms shall be severed from the remaining terms.
Creating an account
Whether you are a member of MIAL or a non-member, you need to create an account to purchase products and services from the website, enrol in courses etc. MIAL may also restrict access to some areas of the website to members only.
Password requirement
MIAL members may obtain a password by logging into the website and registering for a password. In certain circumstances, non-members may be able to receive a password. MIAL may refuse to issue a password, in its sole discretion, until it is satisfied with the user’s identity and the user’s ability to perform its obligations under these Terms of Use.
Website interference
You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with this website or any material or content displayed on the MIAL website.
Legal jurisdiction
These Terms of Use are governed by and construed under the State of Victoria, Australia. If a dispute arises from these Website Terms and Conditions, each of MIAL and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Contact
Any queries or concerns about this privacy policy may be directed to the following contact:
Communications Manager, MIAL
473 St Kilda Road
Melbourne, Victoria, 3004
[This page was last updated on 10/03/2022]