MUSE

Website Terms and Conditions
1. Introduction
1.1 Welcome

Welcome to our website! These Terms and Conditions (Terms) apply to the Muse website located at www.jointhemuse.com (Website). The Website is owned and operated by Muse Technology Pty Ltd (ACN 649 320 178) (Muse). In these terms ‘us’, ‘we’ and ‘our’ means Muse and any of its related bodies corporate.

1.2 Agreement
Please read these Terms carefully. Understanding these Terms is important because, by using the Website or any of our related services, you’re agreeing to these Terms. If you don’t agree to the terms and conditions contained in these Terms, then please do not use the Website or any of our related services.
2. Content
2.1 Our content

Unless otherwise indicated, we own, control or license all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, photographs, artwork, visual interfaces, user interfaces, logos, audio, software and computer code made available on the Website (collectively, Content). Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website.

2.2 Third-party content

We may integrate Content or applications from third-parties with the Website and make some or all of them available to you. The views expressed in third-party Content or applications are theirs, and don’t necessarily reflect our views. Any Content or applications from third-parties are provided on the Website on an ‘as-is’ basis and we make no express or implied representations or warranties about that Content or those applications. Content or applications from third-parties are subject to change or discontinuance on the Website without notice.

3. Use of the Website
3.1 Limited Access
The Website is made available on a limited access basis, and no ownership right is conveyed to you through your use or access of the Website.
3.2 Your responsibilities

Whilst you use the Website, you agree that you will:

  • comply with your obligations under these Terms;
  • comply with all Federal and State laws, rules and regulations related to or connected with your use of the Website.
3.3 Prohibited activity

Unless expressly stated otherwise in these Terms, you agree that you will not do any of the following: 

  • Use the Website to store or transmit infringing, libelous or otherwise unlawful or tortious material or inappropriate communications or content, or to store or transmit material in violation of third-party privacy rights.
  • Using the Website for any wrongful activities including, but not limited to, using any related service to stalk, harass, threaten or violate the privacy of others.
  • Use the Website to store or transmit malicious code including code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
  • Interfere with or disrupt the integrity or performance of the Website.
  • Modify or create derivative works based on the Website or any part, feature, function or user interface thereof. 
  • Copy any content on the Website including using “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
  • Disassemble, reverse engineer, or decompile any part of the Website or access it to 
    • build a competitive product or service;
    • build a product or service using similar ideas, features, functions or graphics of the Website;
    • copy any ideas, features, functions or graphics of the Website. 
  • Determine whether any ideas, features, functions or graphics of the Website are within the scope of any patent.
4. Links to other sites

The Website may contain links to other independent third-party websites (Linked Sites). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

5. Disclaimer
5.1 No promise

We provide the Website to you using a commercially reasonable level of care. However, there are certain things that we don’t promise about the Website.

5.2 No warranties
  • OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE WEBSITE IS PROVIDED ‘AS IS’.
  • WE DO NOT WARRANT THAT THE WEBSITE OR THE CONTENT WILL BE COMPLETE, ACCURATE OR UP-TO-DATE. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
  • WE DO NOT WARRANT THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE OR THAT YOUR DATA WILL ALWAYS BE SECURE IN TRANSMISSION.
5.3 Your statutory guarantees
You have statutory guarantees under the Australian Consumer Law and nothing in these Terms is intended to affect such rights.
6. Limitation of liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense (irrespective of the manner in which it occurs) which may be suffered due to your use of the Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
7. Indemnity
You agree to indemnify and hold us and our officers, directors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party due to or arising out of or in connection with your use of the Website.
8. Feedback

Occasionally, you may provide us with feedback on our Website (Feedback). We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. Nothing in these Terms limit our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

9. Privacy
9.1 Collection

We collect certain data and information about you in connection with your use of the Website and otherwise in connection with these Terms. We collect and use all personal information in such data and information in accordance with applicable privacy laws and our privacy policy, which you acknowledge.

9.2 Disclosure
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our goods or services to you.
9.3 Consent
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that personal information as described in our privacy policy and these Terms.
10. Others terms and conditions
10.1 Additional terms
Additional terms and conditions may apply to your purchases of goods or services from us and to specific portions or features of the Website all of which terms are made a part of these Terms by this reference.
10.2 Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

11. Our rights to the Website
11.1 Our rights to the Website

We reserve the right to do any of the following, at any time, without notice: 

  • to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; 
  • to modify or change the Website, or any portion of the Website, and any applicable policies or terms including these Terms; and 
  • to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11.2 Access to the Website

We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11.3 No support

We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

12. Severability
In the event that any of the provisions contained herein shall be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid or unenforceable provisions were not contained herein and will not affect the validity of the remaining provisions.
13. Governing law and jurisdiction
13.1 Governing law
Your use of the Website and these Terms are governed by the laws of the State of New South Wales, Australia.
13.2 Dispute resolution

You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of New South Wales, Australia.