Terms and Conditions

Last Updated: 13/10/2024

Welcome to MCX. By accessing or using our web application located at MCXtreme.com.au (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By using the Service, you represent and warrant that:

  • You are at least 18 years of age or the legal age of majority in your jurisdiction.
  • You have the legal capacity to enter into a binding contract.
  • You agree to comply with these Terms and all applicable laws, rules, and regulations.
  • If you are accessing the Service on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.

2. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time without prior notice. The most current version of the Terms will be posted on this page, and the revised Terms will take effect immediately upon posting. By continuing to use the Service after such modifications, you agree to be bound by the updated Terms. We encourage you to periodically review these Terms.

3. User Accounts

To access certain features of the Service, you may be required to create a user account. By creating an account, you agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain the confidentiality of your account login credentials and be responsible for all activities under your account.
  • Immediately notify us of any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate your account if you provide inaccurate information or violate these Terms.

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

  • Engage in any activity that disrupts or interferes with the Service, including the introduction of viruses, malware, or any other harmful code.
  • Attempt to gain unauthorized access to the Service, user accounts, or other systems or networks connected to the Service.
  • Use the Service to transmit, distribute, or store any unlawful, defamatory, infringing, obscene, or otherwise objectionable material.

We reserve the right to suspend or terminate your access to the Service if you violate these terms.

5. Intellectual Property Rights

All content available through the Service, including but not limited to text, graphics, logos, images, software, and other materials (collectively, "Content") are the property of MCXtreme or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, distribute, modify, or create derivative works of any Content without express written permission from us, except as permitted under these Terms or as otherwise required by applicable law.

6. Service Disruptions, Glitches, Third-Party Software, and Limitations

We strive to provide a seamless and reliable experience for users, but due to the nature of web applications and technology, the Service may occasionally experience glitches, errors, interruptions, or other technical issues. These issues may include, but are not limited to, connectivity problems, delays in processing, or system crashes.

No Warranty: The Service is provided "as-is" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of defects.

Service Availability: We make no representations about the availability or reliability of the Service at any given time. You acknowledge that the Service may be temporarily unavailable due to maintenance, upgrades, or unforeseen technical issues.

Third-Party Software: The Service may integrate with or rely on third-party software, services, or platforms (e.g., payment processors, cloud services, APIs, etc.). We do not control or manage these third-party services and are not responsible for any faults, defects, delays, or failures arising from these third-party services. If you experience issues with third-party software or services, you agree to contact the relevant provider directly. We are not liable for any loss or damage resulting from the use of third-party software.

We encourage you to report any issues to our support team, but we shall not be liable for any damages or losses arising from glitches, interruptions, third-party service failures, or any other issues that may occur in the Service.

7. Limitation of Liability

To the maximum extent permitted by applicable law, we, our affiliates, employees, or agents, will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data arising from or in connection with your use of the Service.

Our total liability for any claim related to these Terms or the use of the Service shall not exceed the total fees you have paid to us in the 12 months preceding the event giving rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless MCXtreme, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of or in connection with:

  • Your use of the Service.
  • Your violation of these Terms or any applicable laws or regulations.
  • Any content you submit, upload, or otherwise make available on or through the Service.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia. You agree that any legal action or proceeding under these Terms shall be exclusively conducted in the courts located in New South Wales, Australia.

10. Termination

We reserve the right to suspend or terminate your account and access to the Service, at our sole discretion, if we believe you have violated any of these Terms or engaged in any conduct that we deem harmful to the Service or other users.

Upon termination, all rights and licenses granted to you will immediately cease, and you will no longer have access to the Service or any content associated with your account.

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. Please review our Privacy Policy carefully to understand our practices.

12. Dispute Resolution

In the event of a dispute arising from or relating to these Terms, the parties will first attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved informally, the parties agree to submit to binding arbitration in New South Wales, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).

13. Contact Us

If you have any questions, concerns, or feedback about these Terms, please contact us via our Contact Us page at MCXtreme.com.au or by emailing us at contact@mcxtreme.com.au.