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Terms & Conditions

MachineMax Website:

General Terms and Conditions of Use

Please read these terms and conditions of use carefully before using this website (the “Website”). By accessing or using this Website or any functionality thereof on any computer, mobile phone, tablet, console or other device (together “Devices” and each a “Device”), you confirm that you have read, understood and agreed to be bound by these Terms and Conditions of Use and any other applicable law.

If you do not agree to these Terms and Conditions of Use, please do not access or use the Website or any functionality thereof.

1.  Owner and Operator Information

1.1

Except to the extent expressly supplemented or varied by these Supplemental Terms, the provisions of the General Terms shall apply in respect of a Pilot. In the event of any conflict or inconsistency between the provisions of these Supplemental Terms and the General Terms, the provisions of these Supplemental Terms shall prevail.

1.2

For the purpose of these Terms and Conditions of Use, any reference to “Machine Max”, “we” or “us” may be a reference to the Machine Max group of companies in general.

2.  User Restrictions and Access

2.1

This App is intended for B2B customers only and may not be used by any person who is not given access by Machine Max or is not legally entitled to use the App.  It should not under any circumstances be accessed or used whilst driving.

2.2

In order to use certain current or future functionalities of this App, you may be required to register or to create an account.

3. Acceptable use
3.1

You may:
(a) access any part of the App (save that the User Generated Content uploaded by you in your customer specific area may only be seen by you); and
(b) print off one copy of any or all of the pages for your own use.

3.2

You may not:
(a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), broadcast, alter or tamper with in any way or otherwise use any material contained in the App (including User Generated Content, unless it is your own User Generated Content that you legally post to the App or associated forum) except as set out under Clause 3.1 above. These restrictions apply in relation to all or part of the Content;  
(b) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the App;
(c) use the App (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the App or any operating system;
(d) use the App in a way which could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any part of the App; or
(f) change or delete any ownership notices from materials downloaded or printed from the App;
(g) circumvent or modify any App security technology or software,without our express written consent.

4.  Mobile Services
4.1

The use of the App is for free but be aware that your telco’s/carrier´s normal rates apply. The App contains services and features that are available to certain mobile Devices. By using the App, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us (in accordance with the Machine Max Privacy Notice).

5.  User Generated Content
5.1

User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, profiles that you and/or other App users post or otherwise make available on or through the App, except to the extent that such content is owned by or licensed to us.

5.2

You are solely responsible for your User Generated Content, your interactions with other users of the App and your activity on the App. You agree not to post any content or make any communications which may expose us or any of the App’s users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic consent or is otherwise objectionable.  

5.3

You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the App. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person's permission.

5.4

You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the Website. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person's permission.

5.5

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to us a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.

5.6

Should any part of this App offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of Machine Max.

5.7

Do not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. Do not use automated scripts to collect information from this App.

5.8

Do not provide any false personal information about yourself.  You confirm not to create an account on behalf of another company, group or entity, or transfer your profile or account. Do not use or try to use another person's account, username or password.

5.9

We reserve the right to monitor any information transmitted or received through any forum provided, and, at its sole discretion and without prior notice, to review, remove or otherwise block any material posted.

5.10

We have no obligation to prescreen, monitor, edit or remove User Generated Content and assume no responsibility for User Generated Content, even where we choose to carry out prescreening, monitoring, editing or removal of User Generated Content.

6.  Indemnification
6.1

You undertake to indemnify, defend and hold harmless Machine Max, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to your User Generated Content, your use of Content, your use of the App or any violation of these Terms and Conditions of Use, any law or the rights of any third party.

7. Security
7.1

If you choose or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to the App under your username and/or password. You are responsible for any actions that take place while using your App account or while using the App via your Device and we are not liable for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

8.  Intellectual Property Rights (“IPR”)
8.1

All intellectual property contained in or on the App (except for User Generated Content) is owned by Machine Max or its licensors. All content in the App (except for User Generated Content) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of Machine Max. We reserve all of our rights in respect of the IPR contained in the App and in respect of the Content.

8.2

In particular, this App contains trademarks including, but not limited to, the mark "Machine Max" and the Machine Max emblem. All trademarks included on this App are owned by Machine Max or its licensors. We reserve all of our rights in respect of the trademarks included on this App.

8.3

Nothing in these Terms and Conditions of Use shall be interpreted as granting to you any license of IPR owned by Machine Max or its licensors.

9.  Data Protection and Privacy Notice
9.1

Personal details and other information relating to you provided to any Machine Max company through this App (Personal Data) will only be used in accordance with our Privacy Notice. Please read this carefully before continuing. The Privacy Notice is incorporated into these Terms and Conditions of Use by this reference.

10. Disclaimer and Liability
10.1

You are responsible for the accuracy of the information that you enter or submit into the App.  While we do our best to ensure that any information provided as part of this App is correct at the time of inclusion on the App, we cannot guarantee the accuracy of such information.

10.2

To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the operation and use of the App. You understand and agree that you use the App at your own risk and that you are solely responsible for your use and for any damage to the Device through which you access the App, loss of data or any other harm of any kind which may result from downloading, accessing or using the App.

10.3

In connection with either your use of this Website or your reliance on any information or advice contained in the App, our liability shall be excluded to the fullest extent permitted by law for:
(a) loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
(b) losses caused by business interruption;
(c) loss of goodwill or reputation;
(d) loss or corruption of data, information or software; or
(e) any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your use of the Website or any materials posted on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or us.

10.4

Nothing in these Terms and Conditions of Use shall limit or exclude our liability for death or personal injury caused by our negligence or wilful misconduct or for fraud or fraudulent misrepresentation.

11. External websites and applications
11.1

The App may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to this App) or in some cases it may appear within the frame of this App (in which case you will be able to return to this App by using the navigation buttons within the frame or this App). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. We are not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which this App includes a link infringes the intellectual property rights of any third party).

12. Changes to/operation of the Website
12.1

We may change the format and content of all or any part of this App at any time, including but not limited to removal of features or functionalities in the App.

12.2

We may suspend the operation of this App, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

12.3

Updates to the App may be issued from time to time through the Appstore or Google Play. Depending on the update, you may not be able to use all or part of the App until you have downloaded the latest version of the App and accepted any new terms.

13. Transfer of Rights
13.1

We may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate. Any such transfer will not affect your rights or our obligations under these Terms and Conditions of Use.

14. Complaints Procedure
14.1

If you have a question or complaint about this Website, please send an email to: info@machinemax.com.

15. Severance
15.1

Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.

16. Termination
16.1

We reserve the right in our sole discretion to terminate your account and/or access to this App or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict your use of all or any part of the App at any time, for any or no reason, without notice and without liability to you or anyone else. We also reserve the right to prevent access to the App or any of its functionalities or features.

16.2

After any line of action subject to Clause 16.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.

16.3

You understand and agree that some of your User Generated Content may continue to appear on or through the App or may persist in backup copies for a reasonable period of time even after your account and/or access to the App is terminated.

16.4

These Terms and Conditions of Use remain in effect after your account and/or access to the App is terminated.

17. Changes to these Terms and Conditions of Use
17.1

We may change these Terms and Conditions of Use at any time without notice, effective upon posting the amended Terms and Conditions of Use to the App. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the App. Any use of the App thereafter will be on the basis of those revised Terms and Conditions of Use.

18. Jurisdiction
18.1

These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws of England and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the App the English courts will have non-exclusive jurisdiction over such dispute.