Welcome to the Megaport website. These website terms set out the terms and conditions that apply to your use of this website. By visiting or using this website, you agree to comply with the website terms and all applicable laws. If you do not agree, you should not use this website.

In addition to the website terms, your use of certain parts of this website is subject to our Privacy Policy and may also be subject to other terms and conditions, such as your service agreement with us. If there is any inconsistency between the website terms and any additional terms, then the additional terms will take priority to the extent of the inconsistency.

We may make changes to the website terms at any time by posting the updated terms on this website. The updated website terms will take effect immediately on posting. By visiting or using this website at any time after any update, you agree to the updated version of the website terms.

1. Copyright

All material, information, content, data, graphics, images, photographs and software (Material) on this website is owned by Megaport (Services) Pty Ltd ACN 607 432 646 (Megaport)or its licensed source. The compilation of Material on this website is owned exclusively by Megaport.

Megaport grants you a limited licence to access and use this website for personal, non-commercial transitory viewing, provided that you do not modify the website or any Material and you retain all copyright, trademark and proprietary notices. Under this licence you must not:

(a)        download the website (other than page caching);

(b)        use the website or any Material for any commercial purpose or for any public display, except with the express written consent of Megaport;

(c)        attempt to decompile or reverse engineer any Material contained on the website; or

(d)        transfer this website or any Material to any person or “mirror” this website or any Material on any other server.

2. Trademarks

The images, logos and names on this website which identify Megaport or its affiliates are proprietary marks of Megaport or one of its affiliates (Marks). The Marks must not be used:

(a)        in connection with any product or service that is not a Megaport product or service;

(b)        in any manner that is likely to cause confusion among customers; or

(c)        in any manner that is derogatory to Megaport.

You may not frame or use framing techniques to enclose any Mark or other proprietary information (such as images, text or forms) or use meta tags or “hidden text” using any Mark, without Megaport’s prior written consent.

Megaport grants you a limited, revocable, non-exclusive right to create a hyper-link to the home page of this website, provided that the link does not represent Megaport or its affiliates, or any of their services, in a misleading, disparaging or otherwise offensive manner. You may not use any Mark (other than Megaport’s name) as part of the link, without Megaport’s prior written consent.

3. Third Party Sites

This website may contain links to websites operated by third parties (Third Party Sites). Third Party Sites are not under Megaport’s control and Megaport is not responsible for, and does not endorse, those Third Party Sites. You access and use Third Party Sites at your own risk.

4. Information provided by you

You may post reviews, comments and other content on this website and submit your suggestions, ideas, comments, questions or other information to us from time to time (Your Content). Your Content must not:

(a)        breach any applicable laws, regulations, standards or codes;

(b)        infringe any third party’s rights; or

(c)        contain material that is unlawful, threatening, defamatory, obscene, indecent or otherwise offensive.

You grant Megaport a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Content throughout the world in any media. You grant Megaport and its sub-licensees the right to use the name that you submit in connection with Your Content, if they choose.

Megaport may, but is not obliged to, monitor, edit or remove Your Content.

5. Disclaimer

The information on this website may contain errors and omissions and is subject to change without notification. No representation or warranty, expressed or implied, is made as to the accuracy, completeness or thoroughness of the information contained on this website or any Third Party Site, whether as to the past or future.

The material and information contained on this website is not intended to be advice. You must make your own independent investigations, consideration and evaluation and must always seek independent advice before making any business decision.Megaport does not warrant that any services will be uninterrupted, timely, secure or error-free.

Nothing on this website should be construed as either an offer to sell or a solicitation of an offer to buy or sell Megaport securities in any jurisdiction.

This website may include certain forward looking statements that are based on information and assumptions known to date and are subject to various risks and uncertainties. Actual results, performance or achievements could be significantly different from those expressed in, or implied by, these forward looking statements. Such forward looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties and other factors, many of which are beyond the control of Megaport. These factors may cause actual results to differ materially from those expressed in the statements contained in this presentation. For specific risks, please refer to the FY23 Annual Report lodged with the ASX on 22 August 2023. For specific disclaimers, please refer to the Megaport Placement & Share Purchase Plan presentation lodged with the ASX on 7 April 2020.

6. Liability

Megaport’s liability for statutory or implied conditions or warranties, which cannot be excluded, is limited to the maximum extent allowable under applicable law.

To the extent permitted by applicable law, Megaport is not liable (whether in contract, negligence or any other tort, under any statute or otherwise) for any loss, damage or expense (including special, indirect, consequential loss, loss of profit or revenue, loss of goodwill, loss of data or business interruption) (Loss) that you or any person incurs arising directly or indirectly out of or referable to material on this website or a Third Party Site.

You indemnify Megaport against all Loss incurred by Megaport arising directly or indirectly out of your use of this website or your breach of these website terms.

In these website terms, indemnities and limitations and exclusions of liability in favour of Megaport are to be construed as indemnities, limitations and exclusions in favour of each of Megaport’s affiliates.

7. General

All rights not expressly granted in these website terms are reserved by Megaport.

If a provision of these website terms is void, voidable, unenforceable or the invalid part severed, the remainder of this Agreement will not be affected.

No failure, delay or indulgence by Megaport in exercising any power or right conferred by these website terms will operate as a waiver of that power or right.

Megaport may assign, novate or transfer any of its rights or obligations under these website terms without your consent. You may not assign, novate or transfer any of your rights or obligations under these website terms without Megaport’s prior written consent.

These website terms are governed by the laws of the jurisdiction from which you access this website.


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