MARS Online (MARS Online) is an online secure client portal, owned by Maloch Pty Ltd ACN 005 387 100 (Maloch) and operated by Maddocks ABN 63 478 951 337 (Maddocks), trading as ML&C Collections (ML&C). These terms and conditions of use (Terms of Use) apply to the use of MARS Online.
1. Acceptance of Terms of Use
Your access and use of MARS Online are conditional upon your acceptance and continued compliance with these Terms of Use. Your use and/or continued access to MARS Online constitutes your agreement to the Terms of Use.
ML&C may amend the Terms of Use from time to time. Amendments will be effective immediately upon notification on MARS Online. Your continued use of MARS Online following such notification will represent agreement by you to be bound by the Terms of Use as amended.
ML&C may modify, suspend, discontinue or restrict the use of any portion of MARS Online at any time, without notice or liability.
2. User Registration
Only persons who are approved and registered by ML&C may access and use MARS Online.
Upon approval and registration, ML&C will provide you with a personal username and password which are to be used by you to access MARS Online.
ML&C may deny you access to MARS Online at its own discretion and without explanation.
3. User Password and security
You must not:
- disclose your username or password to any person;
- otherwise allow any person to access MARS Online either using your username and password or otherwise;
- use another person’s username and password to access MARS Online.
You agree to notify us immediately of any unauthorised use of your user name or password or other breach of security of which you become aware. The confidentiality of your user name and password are your responsibility.
4. Description of Services
MARS Online allows authorised users from ML&C’s clients to monitor the status and progress of their matters. MARS Online allows authorised users to view, access, upload and download key matter information, files and documents, and facilitates communication between a client and ML&C regarding that client’s matters.
(the Services)
These Terms of Use apply to your use of any Service which you access via MARS Online.
5. Limitations on Use
You must not:
- knowingly or negligently access or use MARS Online in a manner that abuses or disrupts ML&C’s networks, security systems, user accounts, or the services of ML&C or any third party, or attempt to gain unauthorized access to any of the above through unauthorized means;
- reverse assemble, disassemble, decompile or attempt to decipher any computer programs used to operate of deliver MARS Online;
- transmit through or post on MARS Online any material that might be considered abusive, harassing, obscene, slanderous, fraudulent, libellous or otherwise objectionable or unlawful;
- use MARS Online to store or transmit malware (including computer viruses, worms, trojans, or other malicious or unwanted software or programs);
- harvest, collect, or gather information or data via MARS Online regarding other ML&C’s clients, other users or third parties without their consent;
- transmit through or post on MARS Online any material that may infringe any of the intellectual property rights or privacy of third parties;
- transmit or post on MARS Online any material that contains software viruses or other harmful or deleterious computer code, files or programs; or
- use or access MARS Online in any way which is unlawful or in breach of these Terms of Use;
6. Availability of Services
ML&C will use reasonable endeavours to provide 24-hour online availability of MARS Online. However, ML&C cannot guarantee continuous, uninterrupted use. You agree and acknowledge that MARS Online will, at times, be unavailable due to regularly scheduled maintenance, repairs, service upgrades, or mechanical or electronic failures or other circumstances beyond our control.
7. Disclaimer of liability
To the maximum extent permitted by applicable law, both Maddocks and Maloch disclaim liability for:
- any loss, corruption, or unauthorised disclosure of or unauthorised access to data, information, documents or files stored on MARS Online, or damage to computer or other systems caused by hackers, or the effects of viruses, worms, or other malicious software or programs, except to the extent arising directly from ML&C’s failure to maintain reasonable security measures;
- any errors or omissions in data, information or files caused by information you have provided;
- access to MARS Online being interrupted or unavailable.
Under no circumstances will Maddocks or Maloch be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to your use of or inability to use and access MARS Online.
8. Indemnity
You indemnify Maddocks and Maloch (and their associated entities, employees, officers and agents) against all actions, claims, expenses, loss, damage, demands and liabilities arising out of or in connection with a failure by you to comply with the Terms of Use.
9. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Although ML&C strives to protect such information, ML&C does not warrant and cannot ensure the security of any communications through MARS Online.
You are responsible for the operation, performance and security of your equipment, networks and other computing resources used to connect to the MARS Online. ML&C does not accept responsibility for any interference or damage caused to your own computer system which arises in connection with your use of MARS Online.
10. Termination of Access
Access to MARS Online may be terminated at any time by ML&C without notice. These Terms and Conditions will nevertheless survive any such termination.
11. Privacy Statement
These Terms and Conditions must be read in conjunction with Maddocks Privacy Policy. ML&C undertakes to comply with the terms of its Privacy Statement.
12. Intellectual Property
Unless otherwise stated, copyright in all materials contained in MARS Online are owned by Maloch.
Maloch is the owner of the trade marks ’Maddocks’ and ‘Automated Recovery Systems (MARS)’. You must not use these trade marks, or any other trade marks owned by Maloch, without the prior written consent of Maloch.
Other trade marks contained in MARS Online may be owned by third parties.
13. Governing Law
These Terms and Conditions are governed and construed by the laws in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions, or the use of MARS Online.
