MantaMESH (includes MantaMESH GmbH, AG Jena, HRB 509243 and MantaMESH Pty Ltd ACN 082 565 357, we, us and other similar expressions) welcomes you, the person who has registered as a user of the MantaMESH portal.
1 Acceptance of terms
1.1 We provide access to the MantaMESH portal subject to these Terms of use. Before you use the MantaMESH portal, it is important that you read, understand, and agree to these Terms of use.
1.2 If you are using the MantaMESH portal on behalf of your employer, you represent and warrant that you are authorised to accept these terms of use on your employer’s behalf.
2 Territorial limitation
2.1 You must ensure that your access to the MantaMESH portal is not illegal or prohibited by laws which apply to you.
3 Privacy
3.1 We are committed to protecting your privacy while you interact with the MantaMESH portal. Information may be collected from you primarily to make it easier and more rewarding for you to use the MantaMESH portal.
3.2 Our Privacy Policy applies when we collect, store, disclose and use your personal information.
4 Variations
4.1 We may change these Terms of use, the MantaMESH Conditions of Trade or both from time to time without notice to you. It is important that you regularly review the most up to date version of these Terms of use and the MantaMESH Conditions of Trade, as they will be the terms on which you access and use the MantaMESH portal at any time.
5 Registered user
5.1 To place orders for goods with us using the MantaMESH portal you must become a registered customer.
5.2 To become a registered customer, you must complete your registration details as described on the MantaMESH portal.
5.3 You must ensure that your registration details are true and accurate at all times and must notify us of any change to your registration details as originally supplied.
5.4 Upon registration, you will be provided with a username and password.
5.5 We reserve the right not to accept your registration. We reserve the right to terminate your registration at any time for any reason.
5.6 You agree that:
(a) you are responsible for maintaining the confidentiality of your username and password;
(b) you are fully responsible for all activities that occur under your username and password;
(c) you must immediately notify us of any unauthorised use of your username or password or any other breach of security;
(d) we, or our agents, may require access to your user account to respond to service or technical issues;
(e) we or any providers of the linked websites or other services offered from the MantaMESH portal may send emails, newsletters and other information to your user account.
6 Content and configuration tools
6.1 All content available when using the MantaMESH portal has been provided by us or third parties in good faith (Content). We have derived the Content from sources which we believe to be accurate and up to date as at the date of publication.
6.2 We make no representation about the accuracy or completeness of the Content, nor its fitness for any particular purpose, nor do we undertake to keep the Content up to date.
6.3 The Content should not be relied on as the sole basis for making your decision to purchase goods from us.
6.4 The MantaMESH portal product configuration tool is intended for use by persons who are familiar with the nature of our goods and are satisfied that the goods will be suitable for them to purchase.
6.5 The results from the MantaMESH portal product configuration tools rely on the data inputs and other specifications that you enter. We are not responsible for any errors by you in entering data inputs and specifications into the MantaMESH portal configuration tools.
6.6 You must evaluate, and bear all risks associated with your use of the Content, including your reliance on the accuracy, completeness, or usefulness of it. By using the MantaMESH portal you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:
(a) the accuracy or otherwise of the Content;
(b) any person’s reliance on the Content available or omitted from the MantaMESH portal;
(c) any loss in connection with the use of the MantaMESH portal; or
6.7 You accept that the Content is general information and is not in the nature of advice.
6.8 You must not, without our prior written approval, on-sell Content obtained from the MantaMESH portal.
6.9 You agree to use the Content for lawful purposes only.
6.10 Where the Content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.
7 MantaMESH AI Assistant
7.1 MantaMESH AI is a digital assistant integrated into the MantaMESH portal that allows you to interact via text or voice to access support, product configuration, and portal navigation features.
7.2 You acknowledge that interactions with MantaMESH AI may be monitored or stored for service delivery, support, and improvement purposes.
7.3 You must not input any information that contravenes clause 8 in these Terms of use.
7.4 You accept that the information provided to you by MantaMESH AI is subject to clause 6 in these Terms of use.
8 Restricted use
8.1 When using the MantaMESH portal, you agree not to do any of the following;
(a) violate any applicable law or regulation;
(b) post or transmit any Content that you do not have the right to post or transmit;
(c) use any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with the MantaMESH portal;
(d) access, tamper with or use non-public areas of the MantaMESH portal;
(e) frame or link to the MantaMESH portal except as permitted by us in writing.
9 Ordering through the MantaMESH portal
9.1 The availability of the MantaMESH portal is not an offer from us to sell you goods. It is merely an invitation for you to place an order with us.
9.2 Each order placed by you must be accepted by us before it becomes binding. We are not obliged to accept any order from you. We may accept the order by written confirmation or by delivery and in the case of delivery, only as to the portion of the order actually delivered.
9.3 You must accept the MantaMESH Conditions of Trade before placing any order on the MantaMESH portal. All orders will be governed by the MantaMESH Conditions of Trade.
10 Copyright
10.1 Copyright in the Content and the MantaMESH website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.
10.2 Other than for the purposes of, and subject to the conditions prescribed Local Copyright law and similar legislation which applies in your location, and except as expressly authorised by these Terms of use, you may not in any form or by any means:
(a) adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of the MantaMESH portal;
or
(b) commercialise any Content, goods or services obtained from any part of the MantaMESH portal, without our prior written approval.
11 Trade Marks
11.1 Our trade marks, including but not limited to the “MantaMESH” name and logo, “SafeEDGE” and the “Orange Tag”, may not be used without our prior written approval.
11.2 The MantaMESH portal may also display other names and logos that are trade marks of other third parties. You must not use those trade marks without our prior written approval or the prior written approval of the relevant third party owner.
12 Communication with us
12.1 The MantaMESH portal contains communication facilities which allow you to communicate with us, and may contain other electronic messaging and notice services. This includes spoken or written communications made via MantaMESH AI (Communication Facilities).
12.2 When using the Communication Facilities or the MantaMESH portal, you must not:
(a) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information, image, text or other material of any kind whatsoever;
(b) post or transmit any information, image, text or other material of any kind whatsoever which violates or infringes upon the rights of any other person, without first obtaining approval from the owner or relevant right holder;
(c) post or transmit any material of any kind which contains a virus or other harmful component; or
(d) post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising.
12.3 We may, but are under no obligation to, monitor or review the contents of our Communication Facilities and may edit, refuse to post or to remove any materials (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or these Terms of use.
13 Viruses
13.1 You must make your own precautions to ensure that the process which you use for accessing the MantaMESH portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
13.2 We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the MantaMESH portal or any linked website.
14 Security of information
14.1 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.
15 Linked sites
15.1 The MantaMESH portal may be linked to other websites over which we have no control. Those links are provided for convenience only and may not remain current or be maintained.
15.2 We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We make no representations about the accuracy of content contained on those websites. We are not liable for the content on those websites.
15.3 No links from external websites to the MantaMESH portal are permitted without our prior written approval.
16 Disclaimer
16.1 We do not warrant the security or reliability of the MantaMESH portal. We do not warrant that the MantaMESH portal will be always available or that material obtained on it will be free of viruses or errors or free of third party interception and malicious activity. All other warranties and representations (except those which cannot be excluded at law) arising out of your access to and use of the MantaMESH portal are excluded.
17 Limitation of liability
17.1 To the fullest extent permitted by law, we, our officers, directors, employees, or agents, will not be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or any loss of data, interruption of business or consequential damages whatsoever resulting from: (a) any errors, mistakes, or inaccuracies of content; (b) any and all personal information and/or financial information stored on our servers; (c) any interruption or cessation of transmission to or from the MantaMESH portal; (d) any bugs, viruses, trojan horses, malicious code or the like, which may be transmitted to or through the MantaMESH portal by any third party; and/or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of the MantaMESH portal.
17.2 We understand that, in some jurisdictions, warranties, guarantees and conditions may apply that cannot be legally excluded. If that is true in your jurisdiction, then to the extent permitted by law, we limit our liability for any claims under those warranties, guarantees or conditions to either supplying you the services again (or the cost of supplying you the services again).
18 Indemnity
18.1 To the extent permitted by applicable law, you agree to indemnify us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (a) your use of and access to the MantaMESH portal; (b) your violation of any of these Terms of use; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive these terms of use and your use of the MantaMESH portal.
19 General information
19.1 These Terms of use supersede any prior agreements between you and us in respect of your use of the MantaMESH portal. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through the MantaMESH portal.
19.2 These Terms of use and the relationship between you and us are governed by the laws in force in your local jurisdiction without regard to its conflict of law provisions. You agree to submit to the personal and non-exclusive jurisdiction of the courts.
19.3 Headings in these Terms of use are for convenience only and do not affect interpretation.
19.4 Our failure to exercise or enforce any right or provision of these Terms of use must not be treated as a waiver of the right or provision.
19.5 If any provision of these Terms of use is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision. The other provisions of these Terms of use are to remain in full force and effect.
19.6 There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of the MantaMESH portal.
19.7 Your rights and obligations under these Terms of use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.