MOBLE

TERMS AND CONDITIONS

By using Our platform or services, You agree to Our Terms of Use.
We may change Our Terms of Use at any time.

1. Acceptance and modification of these Terms of Use

1.1 You may only access, browse and use our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform if You accept these Terms of Use. By accessing, browsing and/or using Our platform, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy).

1.2 We may modify and/or replace these Terms of Use from time to time without notice (except where You are a Registered User of Our Platform – in which case We will notify You of the update using the email address that You enter into Your Platform Account).

1.3 We will always upload the latest version of these Terms of Use to www.moble.com.au/terms-cms.

1.4 Upon acceptance by MOBLE of an order or the execution by both parties of an MP or usage of the platform, an individual contract for the supply of Services will be formed incorporating these General Term and any applicable Product Terms.

1.5 If there is any conflict of meaning between information contained in the documents which form part of the Agreement, the order of precedence will be as follows:

(a) the MOBLE-CMS Terms

(b) the MOBLE Marketing Terms

If You do not wish to accept these Terms of Use, You must not and cannot use the Platform or any part of it.

MOBLE CMS

TERMS AND CONDITIONS

By using Our platform, You agree to Our Terms of Use.
We may change Our Terms of Use at any time.

1. Acceptance and modification of these Terms of Use

1.1 You may only access, browse and use our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform if You accept these Terms of Use. By accessing, browsing and/or using Our platform, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy).

1.2 We may modify and/or replace these Terms of Use from time to time without notice (except where You are a Registered User of Our Platform – in which case We will notify You of the update using the email address that You enter into Your Platform Account).

1.3 We will always upload the latest version of these Terms of Use to www.moble.com.au/terms-cms.

If You do not wish to accept these Terms of Use, You must not and cannot use the Platform or any part of it.

Capitalised terms in these Terms of Use are defined in this clause.

2. Definitions and Interpretation

2.1. Definitions

In these Terms of Use:

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means Monday – Friday excluding public holidays in NSW, Australia.

Business Hours means 9:00am – 5:00pm on Business Days.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).

Platform means the MOBLE CMS website platform owned and/or provided by Us, the homepage URL of which is www.moble.com.au and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the platform, and also refers to any desktop and mobile versions of the website platform and any of Our associated smartphone applications.

Platform Account means Your account on the Platform that is setup when You register on the Platform or subscribe to the Platform Services.

Platform Services means as set out in the Platform Services Description.

Platform Services Description means services proposed in you Proposal Pricing Summary

Privacy Policy means Our Privacy Policy located at www.moble.com.au/privacy.

Registered User means as set out in clause 5.1.

Registered User Data means as set out in clause 7.1.

Terms of Use means the terms and conditions set out at www.moble.com.au/terms-cms as amended by Us from time to time.

We, Our and Us means MOBLE PTY LTD, ABN 65 159 739 876, Suite 202, 56 Bowman Street, Pyrmont NSW 2009.

You means you, the person who accesses the Platform for any reason, whether or not You are a Registered User of the Platform.

 

2.2. Interpretation

In these Terms of Use:

(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.

(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

(c) Currency refers to Australian dollars.

(d) A reference to a statute or regulation includes amendments thereto.

(e) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.

(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.

(g) A reference to time is to time in NSW, Australia.

(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.

(i) The words “includes”, “including” and similar expressions are not words of limitation.

You can’t use most of the functionality provided by the platform until you register.

3. Access and use of the Platform by unregistered users

3.1. Unregistered users of the Platform may not use the Platform Services.

Your registration on Our platform is subject to Our approval. You and your company are both responsible for your or their breach of Our Terms of Use and for the security of your login credentials.

4. Registration

4.1. We reserve the right to accept or reject any person’s registration on the Platform in Our absolute discretion.

4.2. If You submit an application to register on the Platform, You:

(a) will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only;

(b) will be deemed to have irrevocably warranted that You applied for registered on the Platform on behalf of and with the authority and consent of any business entity that you entered into the Platform Account registration form;

(c) will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that business entity.

4.3. You must ensure that You provide a valid email address at the time of registration.

4.4. We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Platform if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria.

4.5. If any of Your contact details or other information which You provide during the application process change, You must promptly update Your registration details in Your Platform Account with Your up-to-date details and information.

4.6. You must not provide Your Platform Account name or the password for Your Platform Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your Platform Account (including unauthorised use).

4.7. You must immediately notify Us if You become aware of any unauthorised use of Your Platform Account.

If you register on Our platform you must pay any applicable fees, including any early termination fees. If you don’t pay us we can terminate your access to our services.

5. Registered User plans and Service Charges

5.1. Only users who have registered on the Platform and have a Platform Account (“Registered Users”) may access the Platform Services.

5.2. You agree and acknowledge that if You become a Registered User You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.

5.3. Each Registered User must pay the fees and charges set out in the Platform Services Description (or as otherwise agreed between Us and the Registered User in writing) for the plan selected during signup for a Platform Account, in consideration for the Registered User’s subscription to the Platform Services (“Service Charges”) at the time and in the manner set out in the Platform Services Description, plus any GST that is applicable in respect of the supply of the Platform Services to the Registered User. Any applicable GST is payable at the same time as the Service Charges.

5.4. If the Platform Services Description specifies a minimum term for any subscription plan, then the subscription of a Registered User for the Platform Services is for that minimum term (“Minimum Term”) and, unless otherwise specified in the Platform Services Description, cannot be cancelled or terminated by the Registered User prior to the expiry of the Minimum Term.

5.5. Upon expiry of the Minimum Term, the Registered User’s subscription to the Platform Services shall automatically renew for subsequent successive terms equal to the Minimum Term (each a ‘renewal term’) on the same terms and conditions, unless either We or the Registered User provides at least 30 days written notice prior to the expiry of the Minimum Term or any renewal term, in which case the Registered User’s subscription to the Platform Services shall terminate at the end of the Minimum Term or the then current renewal term, as applicable.

5.6. A Registered User may only access the Platform Services solely for the purpose(s) specified in the Platform Services Description and subject to the provisions set out in the Platform Services Description and in these Terms of Use.

5.7. You must pay all costs associated with accessing the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if You are a Registered User, Service Charges.

5.8. Without limiting Our rights and any other provision of these Terms of Use, if a Registered User fails to pay the Service Charges in accordance with the requirements of these Terms of Use, We may suspend and/or terminate the Registered User’s access to the Platform Services and its Registered User Data hosted in the Platform Services.

We don’t control the payment gateway used on the platform and we are not responsible for it or its security practices.

6. Payment Gateway

6.1. We utilise a third party payment gateway provided by Pin Payments (Southern Payment Systems Pty Ltd)  (“Payment Gateway”) to process payments made to Us via the Platform.

6.2. If You are, or if You become a Registered User, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:

(a) that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;

(b) that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;

(c) that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and

(d) acknowledged, understood and agreed to comply with the applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the “Payment Gateway Agreement”), copies of which are available on the Payment Gateway provider website.

6.3. You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.

You own the data that you upload into Our platform. You have to get permission, where relevant, from the owner of the data before uploading it. We are not responsible if anything happens to that data.

7. Responsibility for and ownership of Registered User Data

7.1. If You are a Registered User, We agree that as between You and Us, You own all data that You transmit through or upload into the Platform Services (“Registered User Data”) unless and to the extent specified otherwise in these Terms of Use.

7.2. You agree and acknowledge that:

(a) the Platform Services and/or Your Registered User Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia; and

(b) We may not own or operate the infrastructure upon which the Platform Services and/or the Registered User Data is hosted.

7.3. If You are a Registered User, You warrant, agree and represent that:

(a) You will only upload, input and transfer Registered User Data into and/or via the Platform Services or disclose Registered User Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose; and

(b) Your Registered User Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person.

7.4. If You are a Registered User, You license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Registered User Data on the Platform as required by Us to provide the Platform Services.

7.5. Each Registered User is solely responsible for the accuracy, legality and quality of all its Registered User Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Registered User Data in connection with the provision of the Platform Services.

7.6. If You are a Registered User, except in respect of any Non-Excludable Guarantee, You agree that You, not Us, are solely responsible for backing up and archiving all Registered User Data.

7.7. If You are a Registered User, You acknowledge that Your access to Your Registered User Data that is hosted by the Platform Services is subject to Your compliance with these Terms of Use, including payment of any applicable Service Charges.

7.8. Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Registered User Data.

7.9. You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Registered User Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Registered User Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.

Our platform might go offline from time to time.

8. Availability of Platform Services

8.1. Subject to clauses 2, 8.3 and 8.4, while You are a Registered User of the Platform, We agree to use Our best endeavours to procure hosting of the Platform Services and the Registered User Data and to ensure that the Platform Services are available.

8.2. he availability of the Platform Services to You will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Platform Services Description, and any planned and unplanned maintenance of the Platform and/or Our hosting providers.

8.3. You agree and acknowledge that the accessibility and use of the Platform, the Platform Services and the Registered User Data hosted by the Platform Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Platform and/or Platform Services and/or Registered User Data operate, interface with or connect to.

8.4. Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Platform, Platform Services or Registered User Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Platform, Platform Services or any Registered User Data.

We own the platform and all IP in the platform. You cannot infringe our IP rights.

9. Usage Restrictions

9.1. You may not make any use of the Platform except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Platform. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Platform or any content You obtain via the Platform (other than Your Registered User Data). In addition, You must not, nor may You permit any person to:

(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Platform and/or any content in the Platform (except any of Your Registered User Data) (except as expressly permitted by the Copyright Act 1968 (Cth));

(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;

(c) use the Platform in any way that infringes Our rights or the rights of any third party;

(d) use the Platform to create any product or service that competes with the Platform; or

(e) take any steps to circumvent any technological protection measure or security measures in the Platform.

(f) You must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.

9.2. You must not use the Platform or any part of the Platform in breach of these Terms of Use.

You cannot use the platform for any illegal purpose or to violate any person’s legal rights.

10. Acceptable Use Policy

10.1. You agree that:

(a) using the Platform to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;

(b) using the Platform in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;

(c) using the Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated” software or otherwise, is strictly prohibited by these Terms of Use;

(d) introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;

(e) revealing Your account password to others or allowing use of Your Platform Account by others is strictly prohibited by these Terms of Use;

(f) using another person’s name, username or password or otherwise attempting to gain access to the Platform Account of any other person is strictly prohibited by these Terms of Use;

(g) using the Platform to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;

(h) using the Platform to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(i) using the Platform to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;

(j) using the Platform to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;

(k) using the Platform to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;

(i) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform is strictly prohibited by these Terms of Use;

(m) sending unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;

(n) using the Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and

(o) use of the Platform in breach of any person’s privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use.

We own the platform and all IP in the platform. We also own all improvement suggestions that you make regarding the platform.

11. Intellectual Property Rights

11.1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

11.2. As between You and Us, except in respect of Your Registered User Data, We own all Intellectual Property Rights in the Platform.

11.3. You have no rights in the Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

11.4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an “Improvement Suggestion”) becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Platform or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Platform, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.

11.5. You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Platform or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of the Registered User Data or with respect to the rights granted to You by these Terms of Use to use the Platform.

We cannot be held responsible for the conduct of Our users.

12. Responsibility for other users

12.1. We do not accept responsibility for the conduct of any users of Our Platform.

12.2. If You believe that another user of Our Platform has breached these Terms of Use please contact Us.

12.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Platform. Before entering into any transaction with any other user of the Platform, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

12.4. Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform and in respect of any content uploaded by or on behalf of any user into the Platform.

12.5. We check content entered into or uploaded into the Platform from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy (see clause 10) We will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If You become aware of any content that You think breaches the Acceptable Use Policy set out in clause 10 above, please contact Us.

We are not responsible for any claims made by third parties.

13. Responsibility for third party claims

13.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

(a) Your use of the Platform; and/or

(b) Your goods and/or services and/or your advertising and/or sales and/or marketing practices.

We are not responsible for third party sites.

14. Hyperlinks

14.1. We do not represent, recommend or endorse any websites to which We have linked from the Platform via hyperlink or otherwise.

Our liability is limited in many ways.

15. Liability

15.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.

15.2. The information on the Platform is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Platform.

15.3. To the extent possible by law, neither party is liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data. It does not include and support or liability for third party systems such as content managements system e.g. MailChimp, Shopify, MYOB, XERO.

15.4. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Platform, or with respect to any of the circumstances addressed in clause 1.

15.5. Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where You are a ‘consumer’ for the purposes of the Australian Consumer Law, We are required to provide and shall be deemed to have provided the following mandatory statement to You: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

15.6. If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

15.7. In order for You to claim against Us under a non-excludable guarantee implied by the Australian Consumer Law, or under an express warranty given in respect of the goods or services provided by Us, You must provide written notice to Us with documentary evidence substantiating the claim, for Our review, and, in respect of the Platform, must continue to use it only in accordance with the provisions of these Terms of Use.

15.8. Upon receipt of a valid claim from You under any non-excludable guarantee implied by the Australian Consumer Law, We will contact You to arrange a suitable remedy. You may claim reasonable expenses incurred in making a valid claim under such a guarantee by providing documentary evidence of the expenses to Us. You will be responsible for any expenses incurred in relation to an invalid claim. Where We elect to repair goods the subject of a valid claim, You agree that the goods may be replaced by refurbished goods of the same type rather than being repaired and refurbished parts may be used to repair goods. You acknowledge that where the goods are repaired and are capable of retaining user-generated data, it is possible that the repair of the goods may result in loss of data.

15.9. Any warranty against defects provided by Us to You in Your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

15.10. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

15.11. To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to the aggregate sum of the Service Charges paid by You to Us.

Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.

17. Notices

17.1 Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details for your Platform Account.

17.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at www.moble.com.au/lets-talk.

17.3. Any notice issued by hand shall be deemed delivered upon delivery.

17.4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

17.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.

17.6. We may send You email or other electronic messages concerning Your Platform Account and the Platform from time to time.  

We reserve our rights.

18. General

18.1. Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.

We can change these Terms of Use at any time. If you are unhappy about the changes, you can terminate your subscription.

18.2. Amendment: These Terms of Use may be amended by Us at any time. If you are a Registered User, We will notify You of the amendments by providing notice in writing or via email (Amendment Notice) and if You do not agree to the amendments You can cancel Your subscription to the Platform Services if the amendment is detrimental to You by providing written notice to us within 7 days of your receipt of the Amendment Notice. In You provide us with that notice, We will refund to You any part of any Service Charges paid by You for access to the Platform Services that You have paid to Us in advance in respect of a period of time that has not expired as at the date of cancellation.

You cannot transfer your rights under these Terms of Use unless we approve the transfer. We can transfer our right and obligations at any time.

18.3. Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.

If part of these Terms of Use are not legally binding, the rest still are.

18.4. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.

We are not partners, employers or employee or any other special commercial relationship.

18.5. Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.

Our liability is only limited to the extent permitted by law.

18.6 Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.

These Terms of Use set out our entire agreement.

18.7. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.

Any legal action will be commenced close to where we work.

18.8 Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in NSW. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in that state or territory.

Your Website Design

19. Your Website Design

In purchasing a website package with us you own a copy of the design, style sheet and content of the website (static copy of the HTML, CSS, JS, in it's live form). The design, style sheet and content on your website can be supplied to you if you elect to leave MOBLE. You will be able to host the static website on other hosting platforms.

The Images On Your Websites

20. Website Images

You may use stock images on your website you do not own stock images, ownership is retained by the image rights owner. Stock images can not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.

Website Content

21. Website Content

Websites from MOBLE can not be used to disseminate, communicate, store or transmit:

  • content sexually-explicit in nature;
  • information that contains virus', worms or malicious elements;
  • Copyright infringing data;
  • trade secret protected data;
  • data that infringes on any intellectual property, publicity rights or privacy rights;
  • is defamatory, harassing or threatening;
  • relates to illegal business operations or schemes;
  • contains deliberately misleading, incomplete or deceptive content; or
  • is deemed inappropriate by MOBLE
Website Support

22. Support

MOBLE provides email support service on support@moble.com.au
 Included in your monthly fee:]

  • Help using MOBLE CMS
  • Help configuring and transferring Domain Names
  • Billing enquiries
  • Bug reports and fixes of our MOBLE CMS functionality


The following attracts an hourly support fee of between $100-$175 ex GST in 30 minute increments

  • Face to face support
  • Content changes
  • Design changes
  • HTML/CSS/Coding training, support or troubleshootingTime spent investigating a reported issue for which MOBLE is not responsible

Payment of all support tasks or additional work outside of your original package fee will be payable in advance or as soon as the task is completed.

 

Links

23. Links

As part of your website build and ongoing hosting MOBLE has the right to include back-links from your website to MOBLE. This is an important marketing avenue for us and is factored into your website cost. If you do not want the back-link on your website we may be able to negotiate a fee for the removal of the links.

Promotional

24. Promotional Material

MOBLE reserves the right to use client websites, web designs, layouts, prototypes, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.

Website Payment Terms

25. Website Package Terms

25.1. Payment is made over three stages, unless otherwise negotiated:*

Stage 1: 50% Deposit in advance

Stage 2: 25% On Design Sign off of Home Page

Stage 3: 25% On supply of HTML coding and CMS access

NB you will be able to use your website at any time to add content and make changes.

* There is the option to pay upfront in advance and receive special pricing.

25.2. Training is not part of your website design and build. Training is part of your ongoing monthly fee. Therefore, the website Stage 3 payment must be made on receipt of CMS access, before the website goes live and before training is provided.



Website Monthly Fee

26. Monthly Fee

26.1. Commencement
We will commence charging your monthly fee upon website approval, or 14 days from going live.

26.2. Monthly Fee Billing Procedure
You will be billed once a month on credit card when using our service. We bill on the first of the month for that month's monthly subscription fee. You will be billed retrospectively for any additional services that you use during a given month.

26.3. You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.

26.4. We do not accept cheques, direct deposits or cash for ongoing monthly payments. However, you may make a direct deposit for the website build payments.

26.5. Data Transfer and Disk Space

(a) Your monthly fee includes up to:

1,000MB disk space
 20GB mthly data transfer

(b) If any additional usage if required we will consult with you about a more appropriate capacity.

26.6. Non-payment of Monthly Fee
If the monthly payment for your website becomes overdue by more than 30 days we will put your account on hold until all outstanding fees are collected. We will charge a reinstatement fee of $50 ex GST in additional to all outstanding fees.

26.7. Cancellation of Account and Refund Policy for Monthly Fee
If you are not happy with your website then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by MOBLE. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month. Requests to cancel an account must be in written format. Once we receive your request we will reply with a written confirmation of cancellation.

26.8. Payments Via American Express
All payments made via American Express (Amex) credit cards incur a 3% surcharge.

MOBLE MARKETING

TERMS AND CONDITIONS

By using Our services, You agree to Our Terms of Use.
We may change Our Terms of Use at any time.

1. The client (herein the “Client”) named in the attached Marketing Proposal (“the MP”) agrees with MOBLE Media Pty Ltd (ABN 95 610 655 126) (“MOBLE”) that in consideration of MOBLE agreeing to provide the Services to Client the following terms and conditions shall apply:



Capitalised terms in these Terms of Use are defined in this clause.

2. Definitions and Interpretation

2.1. Definitions

In these Terms of Use:

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means Monday – Friday excluding public holidays in NSW, Australia.

Business Hours means 9:00am – 5:00pm on Business Days.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

MP means Marketing Proposal. This is the pre-sales document provided to you by MOBLE, out lining the agreed pricing for our services.

Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).

Platform means the MOBLE CMS website platform owned and/or provided by Us, the homepage URL of which is www.moble.com.au and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the platform, and also refers to any desktop and mobile versions of the website platform and any of Our associated smartphone applications.

Platform Account means Your account on the Platform that is setup when You register on the Platform or subscribe to the Platform Services.

Platform Services means as set out in the Platform Services Description.

Platform Services Description means services proposed in you Proposal Pricing Summary

Privacy Policy means Our Privacy Policy located at www.moble.com.au/privacy.

Registered User means as set out in clause 5.1.

Registered User Data means as set out in clause 7.1.

The Client means you, the person who accesses the our services for any reason, whether or not You are a Registered User of the Platform services, who is named in the Marketing Proposal (“the MP”)

Terms of Use means the terms and conditions set out at www.moble.com.au/terms-marketing and www.moble.com.au/terms-cms as amended by Us from time to time.

We, Our and Us means MOBLE PTY LTD, ACN 95 610 655 126Suite 201, 56 Bowman Street, Pyrmont NSW 2009.

You means you, the person who accesses the our services for any reason, whether or not You are a Registered User of the Platform services.

 

2.2. Interpretation

In these Terms of Use:

(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.

(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

(c) Currency refers to Australian dollars.

(d) A reference to a statute or regulation includes amendments thereto.

(e) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.

(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.

(g) A reference to time is to time in NSW, Australia.

(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.

(i) The words “includes”, “including” and similar expressions are not words of limitation.

This is our agreement for the period set out in the MP

3. Legal Agreement

This agreement (which includes the MP) shall be a legal agreement between Client and MOBLE. The agreement shall constitute the entire agreement between Client and MOBLE in relation to the Services and the MP and it shall not include any terms and conditions of Client (including on any purchase order or other document submitted by Client) unless agreed to in writing by MOBLE.

Quotes are valid for 30 days. The start and finish date are referenced in the MP.

4. Appointment

4.1 All quotations are valid only for a period of thirty (30) days and MOBLE may, in its discretion, refuse any purported acceptance by the Client which occurs after that time.
4.2 This agreement commences on the start date specified in the MP (start date) and is for an indefinite term unless a finish date is specified in the MP or the agreement is ended earlier in the matter permitted by this agreement.



MOBLE reserves the right to review and vary its Fees

5. Fees and Pricing

5.1 In the event of an increase in the costs of providing the Services, including without limitation the imposition of a new direct or indirect tax or impost, legislative change (including changes that directly impact minimum employee entitlements and employer obligations), exchange rate fluctuations or supplier cost increase, MOBLE reserves the right to review and vary its Fees to take into account the impact of such changes.
5.2 In addition to clause 5.1, MOBLE may review and adjust its Fees and charges for any Services, once each year on or after each anniversary of the date from which those Services are first provided. Any Fee increase may not be less than the percentage increase during the immediately preceding year, if any, of the Consumer Price Index (All Groups Weighted Average of eight capital cities) as published by the Australian Bureau of Statistics.
5.3 The Fees cover work set out in the MP. Any change to the MP including a change to:
(a) the scope, nature, location or volume of the Services; or
(b) the assumptions upon which the Fees are based; may lead to an adjustment in the Fees.

Fees must be paid within a 14 day notice period

6. Payment Terms

6.1 The Client acknowledges and agrees that invoices must be paid to the MOBLE company member supplying the Service,s unless a different MOBLE Affiliate is stipulated in the MP.
6.2 In consideration for the provision of the Services the Client agrees to pay the Fees for the full amount invoiced without set off or deduction, within 14 days of the date of invoice unless the relevant Product Terms provide otherwise.
6.3 If the Client disagrees with any amount claimed in an invoice, it must notify MOBLE within 7 days of invoice receipt. The Client must pay any undisputed balance in accordance with this clause.
6.4 If an undisputed invoice is not paid when due MOBLE may, in its sole discretion, suspend supply of the Services.
3.5 All pricing is exclusive of goods and services tax (“GST”). MOBLE reserves the right to recover from the Client all “GST” payable in respect of the supply of Services to the Client.

MOBLE has no control over the policies of internet search engines and third party software, we can not guarantee or predict performance where third party systems are being used

7. Service Limitations

7.1 Where the Services include search engine optimisation services, MOBLE does not represent, warrant, or guarantee that the Client URLs will achieve a favourable position, or any position, within search engines. MOBLE cannot control or guarantee which, if any, search engines will improve the rankings, or even accept inclusion of the site; nor shall MOBLE be responsible for URLs dropped or excluded.
7.2 MOBLE has no control over the policies of internet search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s websites may be excluded from any directory at any time at the sole discretion of the search engines or directories
7.3 Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, MOBLE does not guarantee listing, positions or ranking on search engines for any webpage in relation to any particular keyword, phrase or search term;
7.4 Search engines may re-rank or exclude websites and webpages for no apparent or predictable reason. Often a webpage will reappear without any additional submissions. Should a webpage not reappear, MOBLE will, at the cost of Client, re-submit the site based on the current policies of the search engine in question.
7.5 Where the Services include data analytics and reporting services by MOBLE or the provision of data to the Client for its own performance-tracking or other analytics purposes, the Client acknowledges that there is no guarantee of 100% accurate analytical prediction, and that the outcomes are subject to the type and quality of data supplied to MOBLE.
7.6 Where the Services include outbound email communications, the Client acknowledges that MOBLE cannot guarantee or control the delivery or the rate of delivery of these services, which are dependent upon accurate and up to date email addresses, upon suitable internet availability and connectivity, on various anti spam and junk mail policies adopted by recipient email service providers as well as restrictions regarding the content, wording and graphics on the receiving server.
7.7 Where the Website or Social Media allows comments to be posted by visitors, the Client acknowledges that MOBLE has no responsibility for monitoring or controlling such comments. MOBLE reserves the right to remove Inappropriate Content from the Website.
4.8 The Client shall indemnify MOBLE against all damages, losses and expenses arising as a result of any action or claim (a) that any Content approved by the Client infringes the Intellectual Property Rights or other rights of a third party and/or (b) that any Content or any comment posted to, or linked to, the Website constitutes Inappropriate Content.
4.9 Client acknowledges that MOBLE relies on third party interfaces and databases to deliver the Services and as a result MOBLE cannot guarantee uninterrupted access to and use of those third party internet interfaces and databases at all times.

You must notify us of any changes that may affective our service to you

8. Client Responsibilities

8.1 Client must notify MOBLE each time any modification to Client’s websites is made where that modification may affect the delivery of the Services by MOBLE;
8.2 Client shall ensure that all legislative or other requirements which have particular application to the Client's business, products or services are drawn to MOBLE’s attention in the Project Summary and in any event as soon as is reasonably practicable.

All parties must keep confidential information confidential.

9. Confidential Information

9.1 Each party shall, and shall use its best endeavours to ensure that its employees and agents, keep the Confidential Information confidential and not use or disclose the Confidential Information to any person other than:

(a) in confidence to that party's professional advisers to obtain professional advice;
(b) as may be properly required for the purpose of the provision of the Services and the performance of any obligations under the Agreement;
(c) with the consent of the other party;
(d) as may be required by any Law, the rules of any stock exchange or any court of competent jurisdiction; or
(e) to the extent that any part of the con
fidential information is in the public domain otherwise than through the breach by a party of its obligations under this clause 6.

9.2 Each party must as reasonably required by the other party, destroy or return to the other party any Confidential Information, at the requesting party’s cost.
9.3 Client agrees that the identity of Client is not Con
fidential Information and that MOBLE may disclose to third parties that MOBLE has been engaged by Client.

Your privacy is important to us. Any Personal Information provided should comply with the Privacy Act and any other applicable law in respect of that Personal Information.

10. Privacy

10.1 If a party is provided with, or has access to Personal Information in connection with the Services, it must comply with the Privacy Act and any other applicable law in respect of that Personal Information.
10.2 If Personal Information is provided to MOBLE by or on behalf of the Client, then the Client:

(a) must do all things necessary, including but not limited to: (i) obtaining all appropriate consents from individuals; (ii) providing notifications to individuals; and (iii) maintaining accurate, up to date and complete records; to ensure that MOBLE may lawfully use, process and disclose the Personal Information (and any changes made to any of them) in connection with the provision of the Services;
(b) acknowledges and agrees that except as may be required by this Agreement, MOBLE is not
required to take steps to ensure that any Personal Information has been collected in accordance with the Privacy Act;
(c) must do all things reasonably requested by MOBLE to assist MOBLE to comply with the Privacy Act in the course of its provision of the Services under this Agreement including: (i) assisting MOBLE in the updating of an individual’s records in circumstances where an individual elects to “opt out” and not receive direct marketing materials and services; (ii) providing MOBLE with access to information held by the Client in respect of an individual
when the individual makes a request for such access; and (iii) providing MOBLE with the policies and procedures the Client has put into effect pursuant to the Privacy Act if requested to do so by MOBLE.

10.3 If MOBLE collects Personal Information in the name of or on behalf of the Client:

(a) the Client must provide to MOBLE such collection statements, scripts for use, privacy policies and other materials necessary to ensure compliance with the Privacy Act in the collection of such Personal Information; and
(b) the Client acknowledges and agrees that where MOBLE is authorised or required by the Client to collect or otherwise deal with Personal Information in the name of or on behalf of the Client in connection with providing the Services, that MOBLE does so as agent for the Client.

10.4 If MOBLE processes any Personal Information in the name of or on behalf of the Client:

(a) the Client acknowledges and agrees that the Personal Information may be disclosed or stored outside Australia in order to provide the Services. The Client consents for MOBLE to receive, share and disclose Personal Information arising from use of the Services with telecommunication or other providers used in conjunction with the Services, or as may be required by Law;
(b) MOBLE shall process the Personal Information in accordance with this Agreement and any lawful instructions reasonably given by the Client from time to time; and
(c) each party shall take appropriate security and organisational measures against unauthorised or unlawful processing of the Personal Information or its accidental loss, destruction or damage.

6.5 MOBLE’s Privacy Policy found at http://www.moble.com.au/privacy will apply to any Personal Information that it collects, processes and holds.

MOBLE will take reasonable steps to ensure that appropriate confidentiality and security measures are in place to protect the data from unauthorised access, use or disclosure

11. Data Use & Security

11.1 The use of the Services by the Client may require the processing of the Client Materials and other data generated in connection with the Services by third party suppliers. During the provision of the Services, this data may be transferred to or accessed from other jurisdictions outside of Australia by MOBLE’s third party suppliers. MOBLE will take reasonable steps to ensure that appropriate confidentiality and security measures are in place to protect the data from unauthorised access, use or disclosure. If the data includes any Personal Information, the Client consents to its use as set out in this clause.
11.2 Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside MOBLE's control and could result in a breach of security. Client hereby expressly waives any claim against MOBLE arising out of the loss of content or data through corruption, piracy, and breach of security or for any other reason outside of MOBLE’s reasonable control.
11.3 MOBLE shall be permitted to use Aggregated Data for any purpose or disclose Aggregated Data to any third party. The foregoing shall not limit in any way MOBLE’s confidentiality or privacy obligations under the Agreement. In the event MOBLE wishes to use or share any Aggregated Data that contains Personal Information, such information shall be de-identified so that it cannot be linked specifically to the Client or an individual.

MOBLE limits its liability. Each party must do what is reasonable in the circumstances to mitigate and minimise any costs, damages, expenses and/or losses.

12. Limitation of Liability

12.1 To the extent that any Law implies certain non-excludable conditions and warranties into the Agreement for the supply of goods and services, then to the extent permitted by Law, MOBLE limits its liability in relation to the provision of the Services under the Agreement to the supplying of the Services again or the payment of the costs of having the Services supplied again, at MOBLE’s option.
12.2 Subject to Clause 9.1 and except as otherwise provided in the Agreement, MOBLE shall not be liable for any loss or damage, whether arising in contract, tort (including negligence), under product liability legislation, under any other statute, under any indemnity or otherwise, sustained by the Client or any other person directly or indirectly from or in connection with the supply of goods or services or otherwise arising out of the Agreement.
12.3 The liability of a party is reduced proportionately to the extent to which the liability is caused, or contributed to, by the other party.
12.4 Each party must do what is reasonable in the circumstances to mitigate and minimise any costs, damages, expenses and/or losses incurred or suffered by the other party in connection with any claim under the Agreement.

Subject to clause 13.3, during the Term MOBLE will indemnify and defend the Client from and against all liabilities.

13. Indemnification

13.1 Subject to clause 13.3, during the Term MOBLE will indemnify and defend the Client from and against all liabilities, damages, and costs (including reasonable legal costs) arising out of a third party claim that the Services infringe the Intellectual Property Rights of such third party. Notwithstanding the foregoing, in no event shall MOBLE have any obligations or liability under this clause 13.1 in connection with:

(a) the Client’s use of any Services in a modified form not approved by MOBLE or in combination with materials not furnished by MOBLE, or
(b) the Client Materials.

13.2 Subject to clause 13.3, during the Term the Client will indemnify and defend MOBLE from and against all liabilities, damages, and costs (including reasonable legal costs) arising out of a third party claim that MOBLE’s use of the Client Materials for the provision of the Services, infringe the Intellectual Property Rights of such third party.

13.3 The party seeking the indemnity must:

(a) give the other party prompt written notice of the claim;
(b) permit the other party to have full and complete control over the defence and settlement of the claim;
(c) provide assistance in connection with the defence and settlement of the claim as the other party may reasonably request; and
(d) comply with any settlement or court order made in connection with the claim (e.g., relating to the future use of any infringing materials).

13.4 The indemnities above are a party's only remedy under this Agreement for violation by the other party of a third party's Intellectual Property Rights.

Neither party will be responsible for any delay, non-performance or degradation of performance

14. Warranties

14.1 Each of the parties warrants to the other that:

(a) it has full power and authority to enter into and perform the Agreement;
(b) it shall comply and shall ensure that its employees and agents comply, with any Law; and
(c) it has or will acquire all Intellectual Property rights needed to perform its obligations under the Agreement.

14.2 The Client warrants that:

(a) it will not do, and it will not direct or request MOBLE to do, anything which may breach any Law or applicable industry code;
(b) it will make any decisions and provide any approvals, data, documentation and information reasonably required by MOBLE, promptly;
(c) it will carry out any tasks assigned to it and its agents or contractors in a timely manner and in such a way as to not delay MOBLE in the provision of the Services;
(d) the Client Materials

(i) do not contain any matter which is obscene, defamatory, or illegal;
(ii) are not false, misleading or deceptive or likely to mislead or deceive;
(iii) are up to date, technically accurate, complete and correctly formatted for any distribution or use by MOBLE in the provision of the Services;
(iv) are free from viruses and do not contain malware, spyware or any other code which could alter or disrupt any program, product, service or device;

(e) the use of the Client Materials by MOBLE for the purposes of providing the Services and all matters incidental thereto will not breach any Law or infringe the Intellectual Property rights or other rights of any person or entity; and
(f) it will pay to MOBLE any additional costs incurred by MOBLE in converting or processing Client Materials which are not in compliance with this clause

14.2.

(a) To the extent that the law permits, MOBLE makes no representation of any kind, express or implied, with respect to the Services.
(a) The Client acknowledges and agrees that MOBLE makes no guarantee regarding the results, outcomes or profitability of any campaigns conducted by MOBLE for or on behalf of the Client.

Either party may terminate the Agreement in writing.

15. Termination

15.1 Either party may terminate the Agreement without prejudice to its other remedies by notice in writing to the other (Defaulter):

(a) if the Defaulter commits a material breach of the Agreement and the Defaulter has not remedied the breach within 30 days of having been given notice in writing specifying the breach and requiring it to be remedied;
(b) if the Defaulter is or becomes insolvent or bankrupt, becomes an externally-administered body corporate under the Corporations Act 2001 or steps are taken by any person towards external administration; or
(c) if any monies to be paid under the Agreement are not paid by their due date and remain unpaid for a period of 7 days after notice has been served requiring the payment default to be remedied.

15.2 On termination of the Agreement the Client’s right to use the Services ceases.
15.3 At any time prior to the termination or expiry of the Agreement, the Client may submit a written request for disengagement services and/or assistance with transitioning to a new provider. Unless these services are agreed, scoped and costed pursuant to a Change Request or a separate MP, such services are provided in MOBLE’s absolute discretion at MOBLE’s then current rates and charges.
15.4 Termination of the Agreement does not affect the accrued rights or liabilities of either party.
15.5 The Client acknowledges and agrees that:

(a) MOBLE may recover from the Client any costs reasonably incurred and notified to the Client in connection with the retrieval of Client Data; and
(b) any Client Data in electronic form requested for retrieval under clause 10.1(b), will be made available in the format on MOBLE’s systems at the date of termination. If the Client requires data conversion, such services may be provided by MOBLE at additional cost.

MOBLE COMPETITIONS

TERMS AND CONDITIONS


1. Information on how to enter and prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid.

2. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual creative merit. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.

3. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The judges' decision will be final and no correspondence will be entered into.

4. Entry is open to residents of Australia who are 18 years and over. Entrants under the age of 18 must seek parental or legal guardian consent to enter and have a parent or legal guardian to redeem the entire prize.

5. The promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.

6. The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. Prize cannot be exchanged for another itinerary. In the event that, for any reason whatsoever, a winner does not take an element of the prize at the time stipulated by the promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

7. If any prize or any element of a prize becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a prize or element of a prize of equal or greater value at the Promoter’s sole discretion, subject to any written directions from the relevant authorities. Winners will not be entitled to any additional compensation in the event that the prize or element of a prize has been substituted at equal or greater value.

8. Prize includes what is mentioned on the webpage directly relating to the competition within this website. Unless expressly stated, all other expenses become the responsibility of the winner.

9. The promoter shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by laws.

10. The Promoter reserves the right to request verification of age, identity, residential address and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with this promotion.

11. Promotion details including commencement date and close date will be found on the webpage directly relating to the competition within this website.

12. By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these rules.

13. The information you are asked to provide is personal information and is protected by the privacy Act 1988. The Promoter will not disclose this information to other parties other than in accordance with the Privacy Act 1988.

14. Entrants consent to the Promoter using their name, entry, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.

15. Details from entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for promotional purposes surrounding this promotion. By entering this promotion entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant.

16. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

17. In the event that for any reason whatsoever a winner does not accept the prize at the time stipulated by the promoter then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.

18. Entries will be judged on the date found on the webpage directly relating to the competition within this website and the winner’s name will be published on the promoter’s website within 30 days of the draw.

19. The winner will be notified in writing by email within thirty (30) working days of the conclusion of the competition.

20. If the promoter is unable to contact the winner within 30 days of the draw and the promoter has made every effort to contact them with the information provided by the entrant then the promoter will award the prize to another valid entrant.

21. All entrants who choose to ‘opt-in’ consent to receiving ongoing marketing material and correspondence from MOBLE Pty Ltd.

22. The Promoter is MOBLE Pty Ltd, 201, 56 Bowman Street, Pyrmont, NSW 2009, ABN: 65 159 739 876