Terms and Conditions

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) provides the terms of use (“Terms of Use”) under which you may access and use our website, www.ironmtn.com.au, including any of the web pages located at that domain name (“Site”). Please read these Terms of Use carefully before you start to use the Site. By accessing or using our Site, you indicate that you acknowledge and accept these Terms of Use. We may change these Terms of Use at any time for any reason. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. If you do not agree to these Terms of Use, do not further access this Site.

1. INFORMATION ABOUT US

1.1 This Site is operated by:

Iron Mountain Australia Group Pty Ltd (ABN 25 004 270 991) and Iron Mountain Australia Group Services Pty Ltd (ABN 19 079 495 346 ) wholly owned subsidiaries of Iron Mountain Incorporated. (“we”, “our”, “us”).

Registered offices at Level 2, 170-180 Bourke Rd, Alexandria, NSW, 2015 Australia.

2. ACCESSING OUR SITE

2.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our Site without notice. If the need arises, we may suspend access to our Site or close it indefinitely. We will not be liable if for any reason our Site is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us

2.3 If you choose, or you are provided with, a user identification code, 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. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Except as otherwise expressly stated, we are the owner or the licensee of all intellectual property rights in our Site including but not limited to all copyrights in the web pages, designs, images, logos, text, audio clips, data compilations, software, and all other material within the Site and the arrangement thereof (the “Content”). The Content is protected by Australia and international copyright, trademark, and other intellectual property laws and treaties. Modification or use of the Content except as expressly provided in these Terms of Use violates our intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without our prior written consent, except that:

3.1.1 You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, or for your evaluation or purchase of our services, but not for other commercial use or general distribution.

3.1.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, nor alter, obscure, or remove the copyright notices thereon, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.1.3 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

3.1.4 You may link to this Site provided that the link does not falsely imply or suggest that Iron Mountain has endorsed or is affiliated with the linked site.

3.2 If you copy, modify or distribute any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. SITE CHANGES

4.1 We aim to update our Site regularly, and may update, change or remove the content and functionality at any time without prior notice. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

5. NO WARRANTY

5.1 The Content displayed on our Site is provided “as is”, without any guarantees, conditions or warranties as to its accuracy, availability, reliability, timeliness, or completeness. Except as prohibited by law, we expressly disclaim liability for errors or omissions in the Content. To the extent permitted by law, no warranty of any kind, implied, express or statutory, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, and freedom from computer virus or other harmful components, is given in conjunction with the Site and the Content therein.

6. LIMITATION OF LIABILITY

6.1 To the extent permitted by law, neither we nor any of our affiliates, directors, officers, employees, agents, nor any other party involved in creating, producing or delivering the site will be liable for any losses or damages, including, without limitation, direct or indirect, special, punitive, incidental, or consequential damages, losses or expenses arising in connection with your access or use, or inability to access or make use, of this Site or any linked site, even if we or our representatives have been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory arising out of or in connection with the Site or any linked site. Your acceptance of this limitation of liability is an essential term of these Terms of Use and you acknowledge that we would not grant you access to this Site without your agreement to this term.

7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

7.1 We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

8. TRANSACTIONS CONCLUDED THROUGH OUR SITE

8.1 Contracts for the purchase of our products formed through our Site or as a result of visits made by you are governed by our terms and conditions of sale which can be accessed by clicking on the hyperlink: Terms and Conditions of Sale.

9. VIRUSES, HACKING AND OTHER OFFENCES

9.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to circumvent the security systems of the Site, or gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via denial-of-service attack or distributed denial-of service attack, or engage in any other activity that interferes with a user’s access to or the proper operation of the Site.

9.2 You must not engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing or abusive or that violate any right of any third party. You must not impersonate any person or entity in using this Site.

9.3 By breaching the provisions of this Section 9, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

10. LINKS FROM OUR SITE

10.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. VARIATIONS

11.1 We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

12. CONTACT

12.1 If you have any concerns about material which appears on our Site, please contact webmaster@ironmtn.com.au.

13. AVAILABILITY

13.1 This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

14. MISCELLANEOUS

14.1 No waiver by us of any breach of these Terms of Use by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

14.2 The invalidity, illegality or unenforceability of any provision of these Terms of Use in whole or in part shall not prejudice the effectiveness of the rest of these Terms of Use or the remainder of any part of a clause affected.

14.3 These Terms of Use shall be governed by and construed in all respects in accordance with the laws of New South Wales. The Australia courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

TRADEMARKS

Trademarks owned by Iron Mountain

This is a listing of trademarks and service marks owned by Iron Mountain in the United States and their U.S. registration status. These marks may also be registered or otherwise protected in Australia and other countries. Due to the large number of services marketed by Iron Mountain, Iron Mountain’s practice is to list key trademarks. Failure of a mark to appear on this page does not mean that Iron Mountain does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Nothing displayed on the Site should be interpreted as granting any rights to use or distribute any names, logos, trademarks or service marks without of the express written agreement of Iron Mountain.

 

Trademark

Status

Iron Mountain

®

Design of Mountain (triangle)

®

Accutrac

®

SafeKeeperPLUS

®

1-800-FASTFILE

®

ActivFile

®

Digital Record Center

®

DocuVault

®

eSearch

TM

FastFile

®

Image on Demand

TM

Iron Mountain Digital Logo

®

NUS

®

Pierce Leahy

®

Powered by Iron Mountain

®

SaaSProtect Escrow Service

TM

Shredonomics

TM

BackupCare

TM

Tools for Transformation

TM

eCustomize

TM

GroupTrak

TM

InControl

®

Iron Mountain Connect

TM

i-Purge

TM

Virtual Unit Patient Record

®

MediaCare

TM

Records Collector

TM

SecureBase

TM

SecureSync

TM

VUPR

®

ShipTrak

TM

Xepa Digital

®