Our Story
ELIGIBILITY AND REGISTRATION
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services. If you may choose to create a Maltazone Account, you must provide certain information, including a valid email address and a password and a photo identification. If you want to participate in any marketing or transaction event through the Services, you will have to register with us. You agree to only provide information that is accurate and truthful, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your account information, and to notify us immediately if you learn of any unauthorized use of your account or information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, Maltazone Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your Ten-X Account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. Your registration and Community participation are subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration or Community participation for any reason or no reason.By providing your information, you consent to us contacting you about your interest in us or the Services by email, phone, or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Statement.
3. INTELLECTUAL PROPERTY
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, documents and applications, are copyrighted by us or our licensors and content suppliers, and are protected by Australian and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited.You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
4. YOUR LICENSE TO USE THE SERVICES
The Services are owned exclusively by us. However, we grant you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in these Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms of Use. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
5. YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services, including without limitation to or through the Community (collectively, “Submissions”). Your Submissions may be identified by your actual name and/or your username, and may be linked to your Maltazone Account and Community profile. You acknowledge that once published, you cannot withdraw such Submissions. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.You represent and warrant that you own or otherwise control all of the rights to your Submissions and that your Submissions will not violate these Terms of Use or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice provided by you in your Submissions or by any third party. We have no obligation to post any of your Submissions, and reserve the right to post our own versions of that content (including, but not limited to, photos of properties or property descriptions) instead of yours in our sole discretion.You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms of Use, scraped, copied, or distributed content from your Submissions and for which you have not granted such third parties a separate license to use.Please review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, you may not make any Submissions.In addition to complying with the rules specified in these Terms of Use, you agree to comply with the following rules when participating in the Community and/or making any Submissions. This list is not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Services. In the case of inappropriate use, we may take such measures as we determine appropriate, in our sole discretion. By way of example, and not as limitation, you agree to abide by the following rules when participating in the Community and/or making any Submissions:You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;Your Submissions will not infringe or violate our rights or the rights of a third party;You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;You agree that we are not liable for Submissions made by you or others;You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent;Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 18 or unable to provide consent for any reason;You will not share viruses or files that have the capability of causing damage to another’s computer;You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; andYou agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.
6.LIMITATIONS OF LIABILITY
Under no circumstances, including but not limited to negligence, shall we, our subsidiaries, or affiliates be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive, or exemplary damages, arising from use of or inability to use the services, including those caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure in connection with your use of the services, even if we have been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.10. INDEMNITYYou agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content of your Submissions; or (iv) your breach of these Terms of Use. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate in such defence. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. PRIVACY STATEMENT
Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.
8. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.By using the Services, you irrevocably agree: (i) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (ii) that all Claims will be determined exclusively by final and binding arbitration in Orange County, California before one arbitrator; and (iii) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.The arbitration shall be administered in by a third party in pursuant to its Comprehensive Arbitration Rules and Procedures (“Rules”) and in accordance with the Expedited Procedures in those Rules. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the State of California. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.Judgment on any arbitration award may be entered in any court having jurisdiction. The prevailing party shall be entitled to an award of costs and lawyer fees reasonably incurred (a) in connection with any arbitration arising out of or related to these Terms of Use, or (b) to enforce the terms of these Terms of Use to arbitrate. If a party is deemed to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the prevailing party may be awarded an appropriate percentage of the costs and attorneys’ fees reasonably incurred in connection with the arbitration or action.
15. SERVICES AUDITING AND MONITORING
We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with these Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ of Maltazone or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of these Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
16. GENERAL TERMS
A. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.B. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to these Terms of Use by email, regular mail, telephone or communications though the Services. When you use the Services, you consent to receive communications from us electronically and through each of the foregoing methods. By engaging in any telephone conversation with our agents or employees, you consent to our recording such telephone call. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.C. Compliance with Applicable Laws: The Services are controlled within Australia and directed to individuals residing in the Australia. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws in their own jurisdiction. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion.D. Miscellaneous. You acknowledge that these Terms of Use, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. Australian law governs use of the Services and will be applied in any legal action or arbitration involving use of the Services. If any provision of these Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of these Terms of Use will remain in force. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign these Terms of Use or the rights hereunder without our prior written consent. We may assign these Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with these Terms of Use in our sole discretion.
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services. If you may choose to create a Maltazone Account, you must provide certain information, including a valid email address and a password and a photo identification. If you want to participate in any marketing or transaction event through the Services, you will have to register with us. You agree to only provide information that is accurate and truthful, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your account information, and to notify us immediately if you learn of any unauthorized use of your account or information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, Maltazone Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your Ten-X Account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. Your registration and Community participation are subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration or Community participation for any reason or no reason.By providing your information, you consent to us contacting you about your interest in us or the Services by email, phone, or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Statement.
3. INTELLECTUAL PROPERTY
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, documents and applications, are copyrighted by us or our licensors and content suppliers, and are protected by Australian and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited.You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
4. YOUR LICENSE TO USE THE SERVICES
The Services are owned exclusively by us. However, we grant you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in these Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms of Use. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
5. YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services, including without limitation to or through the Community (collectively, “Submissions”). Your Submissions may be identified by your actual name and/or your username, and may be linked to your Maltazone Account and Community profile. You acknowledge that once published, you cannot withdraw such Submissions. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.You represent and warrant that you own or otherwise control all of the rights to your Submissions and that your Submissions will not violate these Terms of Use or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice provided by you in your Submissions or by any third party. We have no obligation to post any of your Submissions, and reserve the right to post our own versions of that content (including, but not limited to, photos of properties or property descriptions) instead of yours in our sole discretion.You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms of Use, scraped, copied, or distributed content from your Submissions and for which you have not granted such third parties a separate license to use.Please review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, you may not make any Submissions.In addition to complying with the rules specified in these Terms of Use, you agree to comply with the following rules when participating in the Community and/or making any Submissions. This list is not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Services. In the case of inappropriate use, we may take such measures as we determine appropriate, in our sole discretion. By way of example, and not as limitation, you agree to abide by the following rules when participating in the Community and/or making any Submissions:You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;Your Submissions will not infringe or violate our rights or the rights of a third party;You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;You agree that we are not liable for Submissions made by you or others;You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent;Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 18 or unable to provide consent for any reason;You will not share viruses or files that have the capability of causing damage to another’s computer;You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; andYou agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.
6.LIMITATIONS OF LIABILITY
Under no circumstances, including but not limited to negligence, shall we, our subsidiaries, or affiliates be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive, or exemplary damages, arising from use of or inability to use the services, including those caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure in connection with your use of the services, even if we have been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.10. INDEMNITYYou agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content of your Submissions; or (iv) your breach of these Terms of Use. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate in such defence. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. PRIVACY STATEMENT
Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.
8. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.By using the Services, you irrevocably agree: (i) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (ii) that all Claims will be determined exclusively by final and binding arbitration in Orange County, California before one arbitrator; and (iii) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.The arbitration shall be administered in by a third party in pursuant to its Comprehensive Arbitration Rules and Procedures (“Rules”) and in accordance with the Expedited Procedures in those Rules. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the State of California. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.Judgment on any arbitration award may be entered in any court having jurisdiction. The prevailing party shall be entitled to an award of costs and lawyer fees reasonably incurred (a) in connection with any arbitration arising out of or related to these Terms of Use, or (b) to enforce the terms of these Terms of Use to arbitrate. If a party is deemed to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the prevailing party may be awarded an appropriate percentage of the costs and attorneys’ fees reasonably incurred in connection with the arbitration or action.
15. SERVICES AUDITING AND MONITORING
We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with these Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ of Maltazone or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of these Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
16. GENERAL TERMS
A. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.B. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to these Terms of Use by email, regular mail, telephone or communications though the Services. When you use the Services, you consent to receive communications from us electronically and through each of the foregoing methods. By engaging in any telephone conversation with our agents or employees, you consent to our recording such telephone call. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.C. Compliance with Applicable Laws: The Services are controlled within Australia and directed to individuals residing in the Australia. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws in their own jurisdiction. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion.D. Miscellaneous. You acknowledge that these Terms of Use, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. Australian law governs use of the Services and will be applied in any legal action or arbitration involving use of the Services. If any provision of these Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of these Terms of Use will remain in force. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign these Terms of Use or the rights hereunder without our prior written consent. We may assign these Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with these Terms of Use in our sole discretion.