Terms Of Website Use

1. This website ("Website") is owned and operated by Mate Australia Pty Ltd (ACN 128 004 786) ("Mate Australia").

2. By accessing, browsing or using this Website, you agree to be bound by these terms, conditions and disclaimers as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully before using this Website. These Terms of Use are in addition to the specific Terms of Trade that apply to the provision of the goods and services offered by Mate Australia. If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Website.

3. Mate Australia may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Website. Your continued use of this Website after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

4. Mate Australia reserves the right to vary or modify the information contained on this Website, to change or discontinue any feature or part of this Website, to change the hours of availability and the equipment required to obtain access to this Website, without notice and without liability.

1300 TELEPHONE NUMBER

5. You will be charged for any calls to Mate Australia's 1300 telephone number (1300 939 855) in accordance with the call rates set out by your telephone service provider from time to time.

PRIVACY

6. Mate Australia may collect, use, store, record and transmit your personal information entered on this Website. For further details, please refer to Mate Australia's Privacy Policy. Your continued use of the Website and your provision of your personal information constitutes your approval for Mate Australia to deal with your personal information.

MEMBERSHIP AND MEMBER INFORMATION

7. You may be prompted to register for Membership of this Website and to submit certain information in order to fully utilise the services and facilities provided ("Member Information"). The Member Information may include, but is not limited to, your name, contact details and credit card details.

8. Upon becoming a Member, you will receive a Member ID and password. You are responsible for maintaining the confidentiality and security of your Member ID and password. You are responsible for any and all activities on this Website which occur under your Member ID and password.

9. Membership is non-transferable.

10. Mate Australia may terminate your Membership or the Membership program at any time. You may terminate your Membership by written notice to Mate Australia.

11. You are responsible for the content of all Member Information entered on this Website. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.

12. You must indemnify Mate Australia for any losses, costs, expenses or damages that Mate Australia may suffer or incur if any of the Member Information provided by you is not correct.

MEMBER SUBMISSIONS

13. From time to time, you may be able to post reviews and/or comments regarding the goods and services featured on this Website ("Member Submissions"). You irrevocably grant to Mate Australia a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Mate Australia all moral rights in any jurisdiction.

14. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Mate Australia for any losses, costs, expenses or damages that Mate Australia may suffer or incur as a result. 15. Mate Australia reserves the right - but not the obligation - to review, edit or delete any Member Submissions that Mate Australia deems to be illegal, offensive or otherwise inappropriate.

DISCLAIMER

16. Mate Australia does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Website ("Information") or that it is suitable for your intended use. The Information is provided by Mate Australia in good faith on an "as is" basis without warranty of any kind.

17. Mate Australia does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Website and the Information is at your own risk.

18. Mate Australia makes no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.

19. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.

LIMITATION OF LIABILITY

20. Mate Australia will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Website. Under no circumstances will Mate Australia be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Website results in the need for servicing or replacing of equipment, Mate Australia will not be liable for those costs.

21. Where liability cannot be excluded, any liability incurred by Mate Australia is limited to the re-supply of the Information on the Website or the reasonable costs of having the Information re-supplied.

LINKS TO OTHER SITES

22. You will be able, through hypertext or other computer links, to gain access to other websites operated either by Mate Australia or other third parties ("Linked Sites"). Unless otherwise specified, the Linked Sites are not under Mate Australia's control. The Linked Sites may have different terms of use and privacy requirements. Unless otherwise specified, Mate Australia is not responsible for the content of any Linked Sites, or any changes or updates to such sites. Mate Australia provides these links for your convenience only. You link to any such Linked Sites at your own risk. Mate Australia is not a party to any transaction between you and a Linked Site. Unless specified, Mate Australia does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

INTELLECTUAL PROPERTY

23. © Mate Australia Pty Ltd 2008. All rights reserved.

24. You acknowledge and agree that all content, coding, graphics and Information available on this Website is protected by copyright, trade mark or other intellectual property rights and laws.

25. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Mate Australia's prior written consent. However, you may download and print these Terms of Use and the Terms of Trade for your personal non-commercial use.

26. All trade marks and trade names which appear on this Website are proprietary to Mate Australia. Use of these trade marks without Mate Australia's consent will infringe Mate Australia's intellectual property rights. Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

SPAM

27. The publication of Mate Australia's email addresses on this Website is to facilitate communications relating to the goods and services supplied by Mate Australia. It must not be inferred as consent by Mate Australia to receive unsolicited commercial electronic messages.

JURISDICTION

28. By accessing and using this Website, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

June 2008