1. Website Terms and Conditions of Use
These are the standard Terms and Conditions of Use which apply to www.mypcorp.com, www.mypcorp.com.au and any websites owned and operated by myYardstick Holdings Pty Ltd (MYP, we, us and our). These Terms and Conditions of Use bind you the User, including without limitation General Users or Subscribers (the User), with respect to:
I. Access to and use of this Website; and
II. Any information, product or service (including any General User or Subscriber Services) accessed or supplied from, on, or via the Website.
In using this Website, or any product or service (including General User or Subscriber Products or Services) accessed or supplied from, on, via or by us, or the Website, you agree to be bound by these Terms and Conditions of Use.
If you do not accept these Terms and Conditions of Use, you must refrain from using the Website, or any product or service (including General User or Subscriber Services) accessed or supplied from, on, via or by us, or the Website. These Terms and Conditions of Use apply in addition to and do not derogate from any other terms or conditions that expressly apply to a specific product or service accessed, supplied or provided by, or via us, or the Website. If there is any inconsistency between these Terms and Conditions of Use and the terms or conditions applying to a specific product or service, the latter prevail to the extent of the inconsistency.
2. Amendments to Terms and Conditions
I. We reserve the right to change or amend these Terms and Conditions of Use from time to Amendments will be effective immediately upon notification on the Website.
II. You are responsible for informing yourself of any changes by regularly reviewing these Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions of Use as amended.
3. User Obligations
I. The User acknowledges and agrees as follows:
a. to ensure that all commercial messages sent out via MYP comply with all requirements of Spam legislation (such as the Spam Act 2003 in Australia) in the relevant jurisdictions. This includes, where required, ensuring messages:
i. are sent only with expressed consent or inferred consent of the recipient;
ii. always contain the correct legal name of the organisation or individual, and a Business Number (if applicable) and how they can be contacted;
iii. always contain a functional Unsubscribe facility
b. not to make Unauthorised Use of the Website;
c. not to use or otherwise engage in any conduct in any way related to the Website:
i. for any unlawful, illegal, malicious or improper purpose or to conduct or promote anything that is illegal or otherwise breaches any law;
ii. which in any way interferes with its availability for other users or otherwise interferes with its proper operation
d. to ensure they have sufficient protection in place to protect the Website against Attack and to prevent circulation of Attacks through the Website, including firewalls, policies regarding email attachments, and up to date virus scanning software. For the removal of doubt, we do not accept responsibility for any interference or damage to the User’s own computer system which arises in connection with use of this Website or any Linked Website;
e. that satisfactory access to the Website depends upon the suitability of the User’s computer, hardware, software, modem and similar, including connection to the internet and all associated telephone lines and telecommunications services, which are the User’s responsibility;
f. that the User is provided with access to this Website only for personal use, unless we agree otherwise in The User is authorised to print a copy of any information contained on this Website for personal use, unless such printing is expressly prohibited;
g. that Outages may occur in relation to the Website without notice to the User and that such Outages will not entitle the User to any compensation, regardless of the cause or length of the Outage;
h. any information provided by the User to us or posted or sent to or via the Website will be, to the best of the User’s knowledge, true, accurate, complete and up to date, and will not be misleading; and
i. to be bound by these Terms and Conditions of Use including these Terms and Conditions of Use as amended or changed from time to time.
4. Termination of Access
I. We reserve the right to, at any time:
a. refuse the supply of or access to the Website or any service (including any General User or Subscriber Services) to any person; or
b. cancel the Subscription of any User, if we consider in our sole opinion that a User has or may be misusing any service (including interfering with other users or administration of our services in any way), the Website, or has otherwise breached or may be in breach of these Terms and Conditions of Use or has otherwise acted in a manner detrimental to our interests.
II. We may modify, remove, reconfigure, discontinue, replace, substitute, upgrade or enhance any function, component of, or feature of, or data provided through the Website, including the content, hours of availability, pricing, equipment required for access, or these Terms and Conditions of Use, or discontinue the services including any Subscriber Service or the User’s account or Subscription, with or without notice, without liability to the User or any other person (except to the extent otherwise provided for in the terms and conditions of any subscription service).
III. Any decision to modify, discontinue or refuse the supply of or access to its services is at the sole discretion of Subject to the terms and conditions under which any subscription service is provided, we accept no liability for any consequences of such modification, discontinuance or refusal of any such service.
IV. Our disclaimers will nevertheless survive any such termination.
5. General Users and Subscribers
I. There are two (2) User levels on the Website as follows:
a. Level 1: General User – Users who have general access to the Website free of charge and without Subscription, and who have provided all or part of their Details, and may receive free newsletters or other content or services that may be available from time to time and/or are clients or customers of subscribers or prospective clients or customers who may have access to services and results of the website where approved by the subscriber and MYP;
b. Level 2: Subscribers – Users who pay for access to the Subscriber Services.
II. Subscribers under level 2 above acknowledge and agree
a. that they are solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by them from time to time (User Password);
b. that they will not reveal (or cause to be revealed through any act or omission) their User Password to any other person;
c. to immediately notify us on becoming aware that their User Password is lost or becomes known to any other person;
d. that they are solely responsible for all access to and use of the Website, including any Linked Websites via their User Password, whether such access or use is by the Subscriber or any other person;
e. that Subscriber Services are for one User only and the User will not let any other person use their User Password or any Subscriber Services PROVIDED that if the Subscriber is a member of a Group, the Subscriber acknowledges and agrees that the Group Administrator will have access to certain of the Subscriber Services which relate to that Subscriber; and
f. any information they provide to the Website or us at any time may be used by us for the purposes of our business with the right to sublicense that right to others.
III. General User Services
a. General Users may provide their Details in the manner described on the Website. Registering to receive free newsletters or other content or services that may be available from time to time is free but non-transferable. We reserve the right to terminate access to the General User Services at any time if the User breaches these Terms and Conditions of User.
b. A General User, who has provided us with all or part of their Details:
i. will ensure that their Details are up to date, accurate and not misleading;
ii. acknowledges that, in respect of their Details, we may retain, and will protect, the information provided by them in accordance with our Privacy Policy; PROVIDED that we may use this information for the purposes of:
a. providing customer support and other similar activities related to the Website; and
b. keeping them informed of products, services, offers and upcoming events and to improve our services.
iii. you can opt-out of marketing communications at any time. Please see our Privacy Policy for further information on how you can do this.
IV. Subscriber Services
a. The Website offers various subscriber services that consist or access to or the supply or provision of services, content or information not available to General Users (Subscriber Services).
b. To become a Subscriber, the User must:
i. complete their Details in the manner described on the Website; and
ii. agree to the terms of the Subscription Agreement, and acknowledge that any particular terms and conditions attaching to the use of any Subscriber Services are in addition to these Terms and Conditions of Use.
6. Linked Websites
I. This Website may contain links to Linked Those links are provided for convenience only and may not remain current or be maintained. The User acknowledges and agrees that:
a. we are not responsible for the content or privacy practices associated with Linked Websites;
b. our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary; and
c. the User will make their own enquiries with the Linked Websites directly, before relying on the content or information associated with Linked Websites, or before entering into a transaction relating to any Linked Websites.
II. Advertisements – Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
7. Disclaimers
I. We do not accept responsibility for any loss or damage, however caused (including through negligence other than our gross negligence or wilful misconduct), which the User may directly or indirectly suffer in connection with their use of this Website, any product or service (including any General User or Subscriber Services) accessed or supplied from, on, via or by us, or the Website, or any Linked Website, nor do we accept any responsibility for any such loss arising out of the User’s use of, or reliance on, information contained on or accessed through the Website.
II. The User acknowledges that:
a. we are a distributor, not a publisher, originator or creator of much of the content on the Website, and our editorial control is limited to the selection of materials made available to us;
b. where we do provide general or generic recommendations, these recommendation are not specific to, and have not be customised or tailored to, the User’s circumstances, and we give no warranty as to the accuracy, reliability, completeness, timeliness, usefulness or otherwise, of those We do not accept liability for loss or damage caused by the User’s reliance upon any such recommendation, and it remains the User’s responsibility to evaluate the accuracy, completeness and usefulness of any such information. The User will seek independent advice and assistance before relying upon such recommendations; and
c. any opinions or advice by third parties remain the responsibility of those third parties.
III. Except to the extent required by law and subject to clause V below, we give no warranty:
a. in relation to the distribution, or the nature and extent of distribution, of the content to our Subscribers;
b. as to the condition, quality or performance of the Website or any component of the Website;
c. as to the accuracy, reliability, completeness, timeliness, usefulness or otherwise, of the content of the Website, including text or graphics;
d. as to the continued availability to us of information to enable us to keep the content of the Website up to date;
e. in relation to defects, error or inadequacies of any kind in the content of the Website, or any component of the Website, regarding its fitness for any particular purpose, or interruptions in access to, operation of or use of the Website;
f. that the Website will run properly on the computers, hardware, software, modems and similar which are necessary to access the Website, including any connection to the internet, and all associated telephone lines and telecommunications services, which the User has selected or acquired, or within all network and operating system environments used by the User;
g. that errors in the Website will be rectified; or
h. as to the security of the Website, and will not be liable in the event that any Attack is distributed via the Website, or for any degradation in service, increased download or damage suffered by the User as a result of any Attack.
IV. Where the information made available through the Website or any product or service (including any General User or Subscriber Services) accessed or supplied from, on, via or by us, or the Website, contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by the User’s reliance upon any information obtained through the Website or any product or service (including any General User or Subscriber Services) accessed or supplied from, on, via or by us or the Website, and it remains the User’s responsibility to evaluate the accuracy, completeness and usefulness of any such information.
V. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
a. if the breach relates to goods, the:
i. replacement of the goods or the supply of equivalent goods;
ii. repair of such goods;
iii. payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. payment of the cost of having the goods repaired; and
b. if the breach relates to services, the:
i. supplying of the services again; or
ii. payment of the cost of having the services supplied again.
VI. Exception to disclaimers – The disclaimers set out in these Terms and Conditions of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
VII. Indemnity – The User (including without limitation any General User or Subscriber) hereby releases and irrevocably indemnifies us, our servants and agents from and against any and all actions, claims, loss, damage, cost (including legal costs on a full indemnity basis), expense or liability to, by or of us or any other person arising from or in any way related to:
a. any act or omission of the User in breach of these Terms and Conditions of Use;
b. any use by the User, whether direct or indirect, of the Website or Linked Websites or any other website;
c. any negligent or wilful misconduct, or other wrongful or unlawful conduct of any kind by or on the part of the User.
8. Intellectual Property
I. Unless expressly notified by us, all Intellectual Property comprised in the Website, the Material or any other information contained in or otherwise connected with the Website or any General User or Subscriber Services are the exclusive property of MYP.
II. We reserve all of our rights with respect to all of our Intellectual Property.
III. Except as otherwise provided by these Terms and Conditions of Use, and to the full extent permitted by law, the User will not:
a. on-sell or resell any component of or information obtained from this Website or the Material;
b. modify, copy, reproduce, adapt, decompile, disassemble, publish, communicate, broadcast, distribute, re-transmit, download, upload or repost, store, or attempt to modify, copy, reproduce, adapt, decompile, disassemble, publish, communicate, broadcast, distribute, re-transmit, download, upload or repost, store, or create derivative works or subject matter other than works, based upon any component of or information obtained from any of our Intellectual Property; or
c. use, frame or utilize framing techniques to enclose the images or content of any text or layout or design of any page or form contained on a page in the Website.
IV. To the full extent permitted by law, any information posted on the Website or sent to us may be used by us for the purposes of our business with the right to sublicense that right. The User remains liable for any claim by any person for any loss, damages, cost or expense of any kind in any way related to that information.
V. Trade marks – Except where otherwise specified, any word or device to which is attached the or symbol is a registered trade If a User uses any of our trade marks in reference to our activities, products or services, the User must include a statement attributing that trade mark to us. The User must not use any of our trade marks:
a. in or as the whole or part of your own trade marks;
b. in connection with activities, products or services which are not ours;
c. in a manner which may be confusing, misleading or deceptive; or
d. in a manner that disparages us or our information, products or services (including any General User or Subscriber Services) accessed or supplied from, on, via or by us, or the Website.
VI. We reserve the right to revoke, at any time, for any reason, any licence to use our trade marks.
9. Privacy and Security
I. Privacy policy – We undertake to comply with the terms of our Privacy Policy, which are available on the Website.
II. Security of information – Unfortunately, no data transmission over the internet can be guaranteed as totally Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which the User transmits to us. Accordingly, any information which the User transmits to us is transmitted at their own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
10. General
I. We accept no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond our reasonable control.
II. Waiver – Any failure by us to exercise any right under these Terms and Conditions of Use does not operate as a waiver and the single or partial exercise of any right by us does not preclude any other or further exercise of that or any other right by us.
III. Severability – Any provision of these Terms and Conditions of Use which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provision of these Terms and Conditions of Use, or the validity of that provision in any other jurisdiction.
IV. No assignment or sublicense – The User may not assign or sublicense any rights granted under these Terms and Conditions of Use.
V. Governing law – The Website, excluding any Linked Websites, is controlled by us from Australia. These Terms and Conditions are governed by the laws in force in Queensland, Australia, and any dispute about the Website, its contents or your dealings with us must be determined by the laws in force in that jurisdiction.
VI. Site or content unlawful outside Australia – We do not warrant that the content of the Website complies with the laws of any country outside of If you access the Website from outside Australia, you do so at your own risk, and accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transaction of dealings with us.
VII. Your responsibility under laws affecting you – The User is responsible for ensuring that their use of the Website:
a. is not illegal;
b. does not infringe any third party’s rights;
c. is not prohibited by, and that they at all times comply with, any laws that apply to the User or in the User’s location; and
d. does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).
VIII. Termination – For the avoidance of doubt, we may, with or without cause, terminate these Terms and Conditions of Use, or any licence or agreement arising under or pursuant to these Terms and Conditions of Use, at any time.
11. Interpretation
I. In these Terms and Conditions,
- Attack means attacks on computer systems or programs including both high level computer programs such as viruses, worms, trojans or other malicious computer programs or lower level denial of service attacks;
- Details means a User’s details, account information and identity, including Personal Information, provided by a User to us by completing the form on the Website, and which details are required for Subscription;
- General User means a User who has general access to the Website free of charge and without Subscription, but who may have provided some or all of their Details, and is therefore entitled to receive free newsletters and other content and services, available from time to time;
- General User Services means those services provided by us to a General User, including receiving free newsletters and other content and services, available from time to time;
- Group means that class or collection of related Subscribers who belong to or form a particular group, and who have subscribed as that particular group, and which group may or may not be administered by a subscriber acting as Group Administrator;
- Group Administrator means that Subscriber who belongs to or forms part of a particular Group and which Subscriber has been selected to manage a particular Group including having access to and use of Services and Data relating to other subscribers, who are members of the same Group;
- Intellectual Property means all intellectual, industrial and commercial property or rights of a proprietary nature, comprised in the Website, and any Material, including all copyright, patents, designs, trade marks, trade names, logos, trade secrets and know-how, confidential information, circuit layout rights, plant breeders rights and any other similar right or form of intellectual property;
- Linked Websites means those websites owned and operated by third parties, and any products, services or content related to those websites, for which there are access to, or links to, on our Website;
- Material means any material or information including all information, content, text, graphics, diagrams, artworks, flowcharts, correspondence, emails, software, advertisements, marketing and operational information, and any other information related to, contained in or otherwise connected with the Website or any General User or Subscriber Services;
- Outages means those occasions when we, or other third parties perform remedial work in the form of maintenance, upgrades or repairs to the Website, such that all or part of the Website is not available for your use or access;
- Personal Information means any information or an opinion (including information or any opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
- Privacy Policy means that privacy policy published on the Website which sets out our policies on use, storage, collection and protection of Personal Information;
- Subscriber means a User who has general access to the Website free of charge, and is entitled to access to and the provision of Subscriber Services under Subscription in accordance with a Subscription Agreement;
- Subscriber Services means those information services developed and owned by us, for which a Subscriber is granted a Subscription, including access to or the provision of services, content and information not available to General Users;
- Subscription means that subscription provided by us to a Subscriber, in accordance with the Subscription Agreement, which allows the Subscriber access to and use of the Subscriber Services;
- Subscription Agreement means those terms and conditions attaching to Subscriber Services, which a Subscriber agrees to upon Subscription, and which agreement is in addition to these Terms and Conditions of Use;
- Terms and Conditions of Use means these terms and conditions with respect to access to and use of this Website, and any information, product or service, including any General User or Subscriber Services, accessed or supplied from, on, or via the Website;
- Unauthorised Use means acts of misuse of any component of the Website by you including but not limited to use:
a. other than strictly in accordance with these Terms and Conditions;
b. which causes degradation to the Website or interference with use of the Website by others, or circumstances which may place us in potential or actual breach of any agreement with third parties;
c. to allow (whether knowingly or not) any computer virus, trojan horse or other malicious, harmful or disabling data, code or program to be transmitted or disseminated into the Website;
d. to interfere with, disrupt or attempt to gain unauthorised access to, any computer system, network or account for which you do not have authorisation to access;
e. to create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; or
f. to access the data transmitted via the Website to develop or publish any product in competition with those provided by us; User means the users who access and use the Website, and any information, product or service accessed or supplied from, on or via the Website including a General User and Subscriber; User Password means the password, log-in information and User ID associated with and allocated to a User who completes Subscription to enable them to access the Subscriber Services; Website means that set of internet web pages hosted by us, and available for access under these Terms and Conditions, and which web pages publish certain content.
II. In these Terms and Conditions of Use, unless the context otherwise requires:
a. headings are for reference purposes only;
b. the singular includes the plural and vice versa;
c. reference to a person includes a company or any other entity recognised by law and vice versa;
d. where a word or phrase is defined its other grammatical forms have a corresponding meaning;
e. the use of the word includes and including is not to be taken as limiting the meaning of the words preceding it; and
f. an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally.
