This website (mct.com.au) is owned and operated by MCTrucks Pty Ltd T/As Midcoast Trucks (herein after referred to as MCT) (ABN 37 082 673 596) from servers located in Australia.
ACCESS & USE
COPYRIGHT IN THE CONTENT
The copyright subsisting in all information, text, material, graphics, photographs, software, source code, advertisements and other material on the Website (Content) is owned by MCT, or utilised under licence from its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.
COPYRIGHT IN OTHER LINKED WEBSITES
MCT makes no warranties or representations that material on other websites to which the MTC website is linked does not infringe the intellectual property rights of any person anywhere in the world.
MCT is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites accessed through a linking of that material through the MTC website
All trademarks and brands displayed on the Website whether registered or unregistered are trademarks and brands of their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark or brand displayed on the Website without the express written permission of MCT.
Changes are made periodically to the Content and the Content may from time to time include technical inaccuracies or typographical errors. MTC makes no warranties or representations as to the accuracy of the content at any point in time.
CONTENT NOT LEGAL ADVICE
The Content which appears on the website at any point in time, is a summary only of the subject matter covered, without an assumption of a duty of care by MCT. The summary is not intended to be, nor should it be relied on as a substitute for legal or other professional advice.
The Website contains hypertext reference links and other pointers to internet websites operated by third parties. These linked websites are not under the control of MCT, and MCT is not responsible for the accuracy or otherwise of the contents of any linked website or any hypertext reference link contained in a linked website. MCT provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked website, or approval of any material on the website, by MCT.
MCT makes no warranties or representations regarding the quality, accuracy, correctness, merchantability or fitness for purpose of any product, services or content material on other websites to which the Content is linked. The usage of any such website is entirely at your own risk. When visiting other websites you should refer to each such website’s individual terms and conditions.
ADVERTISING & THIRD PARTY OFFERS
The Website may also contain third party advertisements (including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hypertext reference links) are not subject to any recommendations or endorsements by MCT or its directors or employees. You are referred to the relevant third party advertiser for all information regarding the advertiser and its goods or services. MCT makes no warranties or representations as to the content on any third party link and takes no responsibility for third party advertisements posted on the Website.
On certain occasions, MCT may provide you with the opportunity to purchase goods or services from third party suppliers or carriers. In those incidents, you accept that MCT does not offer the goods or services itself. MCT does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, merchantability or fitness for purpose of any such goods or services or that such goods or services comply with all applicable product safety and consumer product information standards. Any purchase of goods or services you may make from any such third party will be a separate contract with that third party supplier for those goods or services.
In certain circumstances, MCT may receive a fee from certain advertisers when a user:
- who has entered the advertiser’s website from the Website undertakes certain transactions on or in relation to that advertiser’s website; or
- purchases certain goods or services by faxing or otherwise placing an order for those goods or services using an order form downloaded from the Website.
DISCLAIMER OF LIABILITY & WARRANTIES ON USAGE OF WEBSITE
Schedule 2 of the Competition and Consumer Act 2010 (Cth) hereinafter known as the Australian Consumer Law (ACL) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by MCT of goods or services on the Website which cannot be excluded, restricted or modified (Non Excludable Rights). Outside these Non-Excludable Rights, MTC has no liability and provides no representations or warranties of any kind, either express or implied regarding the quality or accuracy of any Content as it relates to any product or service as specified on the website.
In relation to the usage of the website MTC does not warrant or make any representation in that:
- the Content will not cause any damage to your computer or other device from which you have gained access to the website; or
- the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free; or
- any defects in the Content will be corrected; or
- the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors; or
- the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites;
You acknowledge that by accessing the website, MCT is not liable for:
- any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
- the theft, destruction, damage or unauthorised access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of MCT) will MCT be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.
To the fullest extent permitted by law, MCT’s liability for breach of any warranty or representation which cannot be excluded by the ACL or equivalent legislation of a State or Territory Government, is limited at the option of MCT to the following:
- in the case of services supplied or offered by MCT to:
- the supply of the services again; or
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by MCT to:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
COMPLIANCE WITH LAWS OUTSIDE AUSTRALIA
MCT makes no representation that the Content or the Website complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
This agreement will be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. You agree to submit to the non-exclusive jurisdiction of the courts and tribunals of the State of New South Wales and any court which hears appeals from those courts.
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, it maybe severed from these terms and conditions and the remainder of the terms and conditions will remain otherwise in full force apart from that provision which will be deemed deleted.