AGREEMENT TO OUR LEGAL TERMS
We are Macaw Technology Pty Ltd ("Company," "we," "us," "our"), a company registered in Australia at 39/7Titania St, Brisbane, Queensland 4170.
We operate the website http://www.macawhq.com (the "Site"), as well as any other related products andservices that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at team@macawhq.com or by mail to 39/7 TitaniaSt, Brisbane, Queensland 4170, Australia.
These Legal Terms constitute a legally binding agreement made between you, whether personally or onbehalf of an entity ("you"), and Macaw Technology Pty Ltd, concerning your access to and use of theServices. You agree that by accessing the Services, you have read, understood, and agreed to be bound byall of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU AREEXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USEIMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time arehereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to makechanges or modifications to these Legal Terms from time to time. We will alert you about any changes byupdating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice ofeach such change. It is your responsibility to periodically review these Legal Terms to stay informed ofupdates. You will be subject to, and will be deemed to have been made aware of and to have accepted, thechanges in any revised Legal Terms by your continued use of the Services after the date such revised LegalTerms are posted.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must havethe permission of, and be directly supervised by, their parent or guardian to use the Services. If you are aminor, you must have your parent or guardian read and agree to these Legal Terms prior to you using theServices.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. THIRD-PARTY WEBSITES AND CONTENT11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES23. CALIFORNIA USERS AND RESIDENTS
24. MISCELLANEOUS
25. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any personor entity in any jurisdiction or country where such distribution or use would be contrary to law or regulationor which would subject us to any registration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Services from other locations do so on their own initiative andare solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability andAccountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if yourinteractions would be subjected to such laws, you may not use the Services. You may not use theServices in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTSOur intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code,databases, functionality, software, website designs, audio, video, text, photographs, and graphics in theServices (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein(the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectualproperty rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal businesspurpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" sectionbelow, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access.
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solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content orMarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section orelsewhere in our Legal Terms, please address your request to: team@macawhq.com. If we ever grant youthe permission to post, reproduce, or publicly display any part of our Services or Content, you must identifyus as the owners or licensors of the Services, Content, or Marks and ensure that any copyright orproprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms andyour right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Servicesto understand the (a) rights you give us and (b) obligations you have when you post or upload any contentthrough the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or otherinformation about the Services ("Submissions"), you agree to assign to us all intellectual property rights insuch Submission. You agree that we shall own this Submission and be entitled to its unrestricted use anddissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensationto you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards,online forums, and other functionality during which you may create, submit, post, display, transmit,publish, distribute, or broadcast content and materials to us or through the Services, including but notlimited to text, writings, video, audio, photographs, music, graphics, comments, reviews, ratingsuggestions, personal information, or other material ("Contributions"). Any Submission that is publiclyposted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly throughthird-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, andlogos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce,distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, yourimage, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivativeworks of, or incorporate into other works, your Contributions, and to sublicense the licenses granted inthis section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and anyof the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
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You are responsible for what you post or upload: By sending us Submissions and/or postingContributions through any part of the Services or making Contributions accessible through the Servicesby linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send,publish, upload, or transmit through the Services any Submission nor post any Contribution that isillegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have thenecessary rights and licenses to submit such Submissions and/or Contributions and that you havefull authority to grant us the above-mentioned rights in relation to your Submissions and/orContributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidentialinformation.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse usfor any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’sintellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shallhave the right to remove or edit any Contributions at any time without notice if in our reasonable opinion weconsider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any suchContributions, we may also suspend or disable your account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true,accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly updatesuch registration information as necessary; (3) you have the legal capacity and you agree to comply withthese Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you havereceived parental permission to use the Services; (5) you will not access the Services through automated ornon-human means, whether through a bot, script or otherwise; (6) you will not use the Services for anyillegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law orregulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right tosuspend or terminate your account and refuse any and all current or future use of the Services (or anyportion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and willbe responsible for all use of your account and password. We reserve the right to remove, reclaim, or changea username you select if we determine, in our sole discretion, that such username is inappropriate, obscene,or otherwise objectionable.
5. PURCHASES AND PAYMENT
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We accept the following forms of payment:
- Visa
- Mastercard
You agree to provide current, complete, and accurate purchase and account information for all purchasesmade via the Services. You further agree to promptly update account and payment information, includingemail address, payment method, and payment card expiration date, so that we can complete yourtransactions and contact you as needed. Sales tax will be added to the price of purchases as deemedrequired by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shippingfees, and you authorize us to charge your chosen payment provider for any such amounts upon placing yourorder. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested orreceived payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit orcancel quantities purchased per person, per household, or per order. These restrictions may include ordersplaced by or under the same customer account, the same payment method, and/or orders that use thesame billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment,appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our chargingyour payment method on a recurring basis without requiring your prior approval for each recurring charge,until such time as you cancel the applicable order. The length of your billing cycle is monthly.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by logging into youraccount. Your cancellation will take effect at the end of the current paid term. If you have any questions orare unsatisfied with our Services, please email us at team@macawhq.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to youin accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Servicesavailable. The Services may not be used in connection with any commercial endeavors except those thatare specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly orindirectly, a collection, compilation, database, or directory without written permission from us.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive accountinformation such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Services, including featuresthat prevent or restrict the use or copying of any Content or enforce limitations on the use of the Servicesand/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, includingexcessive use of capital letters and spamming (continuous posting of repetitive text), that interferes withany party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, orinterferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, orusing any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or activeinformation collection or transmission mechanism, including without limitation, clear graphics interchangeformats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to
as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected tothe Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion ofthe Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, orany portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or othercode.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of thesoftware comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, ordistribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, oroffline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses ofusers by electronic or other means for the purpose of sending unsolicited email, or creating user accountsby automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Contentfor any revenue-generating endeavor or commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums,and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit,perform, publish, distribute, or broadcast content and materials to us or on the Services, including but notlimited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions"). Contributions may be viewable by other users ofthe Services and through third-party websites. As such, any Contributions you transmit may be treated asnon-confidential and non-proprietary. When you create or make available any Contributions, you therebyrepresent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, orcopying of your Contributions do not and will not infringe the proprietary rights, including but not limited tothe copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, andpermissions to use and to authorize us, the Services, and other users of the Services to use yourContributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person inyour Contributions to use the name or likeness of each and every such identifiable individual person toenable inclusion and use of your Contributions in any manner contemplated by the Services and theseLegal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramidschemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, orotherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other personand to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intendedto protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin,gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these LegalTerms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, amongother things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent andwarrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell,resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your imageand voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, orincorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The useand distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includesour use of your name, company name, and franchise name, as applicable, and any of the trademarks,service marks, trade names, logos, and personal and commercial images you provide. You waive all moralrights in your Contributions, and you warrant that moral rights have not otherwise been asserted in yourContributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in your Contributions provided by youin any area on the Services. You are solely responsible for your Contributions to the Services and youexpressly agree to exonerate us from any and all responsibility and to refrain from any legal action againstus regarding your Contributions.
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We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in more appropriate locations on theServices; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.We have no obligation to monitor your Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites")as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,applications, software, and other content or items belonging to or originating from third parties ("Third-PartyContent"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checkedfor accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-PartyWebsites accessed through the Services or any Third-Party Content posted on, available through, orinstalled from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacypractices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusionof, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Contentdoes not imply approval or endorsement thereof by us. If you decide to leave the Services and access
the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and youshould be aware these Legal Terms no longer govern. You should review the applicable terms and policies,including privacy and data gathering practices, of any website to which you navigate from the Services orrelating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibilitywhatsoever in relation to such purchases which are exclusively between you and the applicable third party.You agree and acknowledge that we do not endorse the products or services offered on Third-
Party Websites and you shall hold us blameless from any harm caused by your purchase of such productsor services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused toyou relating to or resulting in any way from any Third-Party Content or any contact with Third-
Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologicallyfeasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or arein any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protectour rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: http://www.macawhq.com/privacy. By using the Services, you agree to be bound by our PrivacyPolicy, which is incorporated into these Legal Terms. Please be advised the Services are hosted
in Australia and United States. If you access the Services from any other region of the world with laws orother requirements governing personal data collection, use, or disclosure that differ from applicable lawsin Australia and United States, then through your continued use of the Services, you are transferring yourdata to Australia and United States, and you expressly consent to have your data transferred to andprocessed in Australia and United States.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITINGANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
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(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating anew account under your name, a fake or borrowed name, or the name of any third party, even if you may beacting on behalf of the third party. In addition to terminating or suspending your account, we reserve the rightto take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reasonat our sole discretion without notice. However, we have no obligation to update any information on ourServices. We will not be liable to you or any third party for any modification, price change, suspension, ordiscontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, orother problems or need to perform maintenance related to the Services, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify theServices at any time or for any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use the Services during anydowntime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us tomaintain and support the Services or to supply any corrections, updates, or releases in connectiontherewith.
15. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Australia. Macaw Technology PtyLtd and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolveany dispute which may arise in connection with these Legal Terms.
16. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationshipestablished by these Legal Terms to the jurisdiction of the Australia courts. Macaw Technology Pty Ltd shallalso maintain the right to bring proceedings as to the substance of the matter in the courts of the countrywhere you reside or, if these Legal Terms are entered into in the course of your trade or profession, thestate of your principal place of business.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions,including descriptions, pricing, availability, and various other information. We reserve the right to correct anyerrors, inaccuracies, or omissions and to change or update the information on the Services at any time, withoutprior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOURUSE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BYLAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
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SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY ORCOMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILEAPPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, ORPUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OURLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX
(6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of ourrespective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, ordemand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising outof: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of yourrepresentations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party,including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user ofthe Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defense and control of any matter for which you are requiredto indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will usereasonable efforts to notify you of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performanceof the Services, as well as data relating to your use of the Services. Although we perform regular routinebackups of data, you are solely responsible for all data that you transmit or that relates to any activity youhave undertaken using the Services. You agree that we shall have no liability to you for any loss orcorruption of any such data, and you hereby waive any right of action against us arising from any such lossor corruption of such data.
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22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications.You consent to receive electronic communications, and you agree that all agreements, notices, disclosures,and other communications we provide to you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIATHE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention ofnon-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of theDivision of Consumer Services of the California Department of Consumer Affairs in writing at 1625 NorthMarket Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to theServices constitute the entire agreement and understanding between you and us. Our failure to exercise orenforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rightsand obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, orfailure to act caused by any cause beyond our reasonable control. If any provision or part of a provision ofthese Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Legal Terms and does not affect the validity and enforceability ofany remaining provisions. There is no joint venture, partnership, employment or agency relationship createdbetween you and us as a result of these Legal Terms or use of the Services. You agree that these LegalTerms will not be construed against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by theparties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of theServices, please contact us at:
Macaw Technology Pty Ltd39/7 Titania St
Brisbane, Queensland 4170
Australiateam@macawhq.com
