Studio M - Terms & Conditions

Copyright Statement

All copyright in the website design, text, graphics, the selection and arrangement thereof, and all software relating to this website belongs to or is licensed by Metricon Homes Pty Ltd. This copyright is protected by Australian and international copyright laws.

1. Subject to the Terms and Conditions of Use no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without Metricon Homes prior written permission.
2. Metricon Homes grants you permission to download one copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website for non-commercial use, provided you retain all copyright and other proprietary notices on that material.

Trade Mark Statement

All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to Metricon or its licensors. Metricon does not give you any licence or right to use them.

TERMS AND CONDITIONS OF USE

General

The studiom.com.au website (the "Studio m website" or "Website") is operated by Metricon Homes Pty Ltd (hereinafter referred to as “we” or “us" or "our" as the context permits). By accessing or otherwise using the Studio m website, including the services which we introduce from time to time, you agree to be bound by these terms and conditions of use and you acknowledge that we provide the Website to you subject to these terms and condition of use.

You must read and accept (or reject) these terms and conditions of use as a condition of you accessing, browsing, using or relying on any part of this Website or a service provided via the Website. By accessing, browsing or using the Website you acknowledge that you have read, undesrtood and agree to comply with these terms and conditions of use.

Amendments

We are entitled at our sole discretion to change, add or remove any part of these terms and conditions of use and to change, add or delete any features of the studio m website at any time by posting the amendment on the Website or by notifying you by any other means of communication. Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these terms and conditions of use, as so amended.

Metricon makes no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by Metricon.

Intellectual Property

We own, or are otherwise licensed to use, all intellectual property in the studio m website, unless indicated otherwise. Subject to these terms and conditions of use, we grant to you a non-exclusive and non transferable licence to view, download and use information directly accessible through the Website for personal and non-commercial use. Nothing contained herein shall be construed as granting any right, title or interest in any of trade marks, trade secrets, know-how or other intellectual property rights in relation to the Website or otherwise. Any and all intellectual property rights in the Webiste (including, without limitation, all content, data and images) shall be our sole and exclusive property.

You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe our intellectual property (including, without limitation, our trade marks and copyright) in the Studio m website and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, distribute or communicate any part of the Studio m website or any information, data or music contained therein or otherwise use them in a way which will infringe our intellectual property or other property rights, except as permitted by law or with our prior written consent.

Disclaimer

Except as provided by law, the Studio m website is provided "as is" and without any warranty or condition, express or implied. We do not warrant that the information contained in or accessible through, or via, the Studio m website is accurate, up-to-date, suitable for your purposes or without errors, omissions or viruses nor do we guarantee continuous, uninterrupted or secure access to the Studio m website. You acknowledge that access and use of the Studio m website (including the software operating in connection with the Studio m website) may be interfered with by numerous factors outside of our control. We do not warrant the accuracy of any advice, opinion, statement, representation, map or other information displayed on or accessible through the Studio m website. Subject to the relevant requirements at law, we make no representations or warranties in respect of the information and materials available on, or via. the Studio m website or the means of accessing that information and material (including the software, links, references, guides and maps operating in connection with the Studio m website).

We make no warranty or representation and accept no responsibility for any websites, services, products, data links, references or maps operated or controlled by entities other than us which are or may become linked or framed to or from the Studio m website. You access those sites and use the products, services, data, links, references or maps made available at those sites solely at your own risk.

Use of Information

If you upload or otherwise provide any information or content ("Content") in the course of accessing or using the Studio m website, you agree that such Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content which:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
• infringes the intellectual or other proprietary interests of third parties; or
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Studio m website or otherwise breaches or encourages other users to breach these terms and conditions of use; or
• violates any law, statute or regulation, or is contrary to any relevant standards or codes; or
• forges information to disguise the origin of any Content; or
• encourages or incites any other person to engage in any of the above behaviour.

You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability

You agree that we are not liable to you or anyone else for any loss or damages (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of opportunity, loss of anticipated savings) arising out of or in connection with the use or access of the Studio m website (and all services related thereto), the use by us of Content, or any such loss or damage which may arise should you be unable to access the Studio m website or its services, for whatever reason and however arising and whether caused by breach of statute, breach of contract, negligence or other tort.

To the extent that we are able, at law, to limit the remedies available under these terms and conditions of use, we expressly limit our liability for breach of a condition or warranty, implied by virtue of any law, to the following remedies (the choice of which is to be at our sole discretion):

in the case of goods, any one or more of the following:

1. the replacement of the goods or supply of equivalent goods;
2. the repair of the goods;
3. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
4. the payment of the costs of having the goods repaired; and

in the case of services:

1. supply of the services again; or
2. the payment of the cost of having the services supplied again.

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

• your breach or non-observance of any term of these terms and conditions of use;
• any breach or inaccuracy in any of your representations or warranties; or
• your use of the Website.

Links

You must not establish links, frames or references on any other website to the Studio m website or any other part or parts of the Studio m website, without our prior written consent. If you would like us to link to your website, please contact web@metricon.com.au

Third party content or materials

Products and services offered for sale or advertised, and information, data, links, references or maps provided on, or via, the Website may be products, services and information of, or related to, third parties. These products, services, information and third parties are not necessarily provided or endorsed by us and your legal relationship is with the third party. Those links have been provided for your reference or convenience only. We have not checked the accuracy, reliability or completeness of the information, or the suitability or quality of the products, services and maps of third parties. You must make your own enquiries with the relevant third party direct before relying on any third party information or entering into a transaction in relation to the third party products and services supplied via the Website or the services contained therein. You should check with the third party whether there are additional charges and terms which may apply.

We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the Website or accessible through a hyperlink on the Website and you acknowledge and consent to us receiving same.

Breach and termination

If, in our reasonable opinion, you breach any provision of these terms and conditions of use we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Studio m website. In any event, we may terminate these terms and conditions of use (and your right to use the Website) at any time and for any reason without prior notice to you.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms and conditions of use.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Severability

If any provision of these terms and conditions of use is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable to the extent that and the remaining provisions of these terms and conditions of use shall continue in full force and effect.

Waiver

Failure or delay by us in enforcing or partially enforcing any provision in these terms and conditions of use will not be construed as a waiver of any of our rights under these terms and conditions of use.

Choice of Law and Use of Website

These terms and conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. The Website is available only to people who can form legally binding contracts under applicable law.