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TERMS AND CONDITIONS OF USE OF A MiStable™ SOFTWARE
The MiStable™ software is owned and operated by DEJODA Enterprises Pty Ltd ABN 30 349 882 829.
All users of this web based software agree that access to and use of this software are subject to the following terms and conditions together with DEJODA Enterprises Pty Ltd Privacy Policy, any applicable Licence Agreements, terms and conditions of purchase and other customer service policies on this software. By using this software you agree to be bound by these terms and conditions and policies and any other notices accepted by you in regards to this software.
If you do not agree to these terms and conditions do not access this software or use any of its services or products.
Applicable Law and Jurisdiction
Your use of this software shall be governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of products and services of DEJODA Enterprises).
Review of Terms
These terms and conditions are subject to change from time to time, such changes to be effective upon posting on the login of the software. Your continued use of the software after any such changes will indicate your acceptance of such changes.
Copyright
The entire content of the MiStable™ software including but not limited to website design, text, graphics, photographs, images, artworks, illustrations, caricatures, sound, software or code is the property of DEJODA Enterprises Pty Ltd and/or its content supplier and protected by Australian and international copyright laws. Any other use, including but not limited to the reproduction, transmission, adaptation, publication, broadcast or distribution of the content of this site is strictly prohibited unless expressly permitted by DEJODA Enterprises Pty Ltd or expressly permitted by law.
Trademarks
All names, logos and trademarks are the property of DEJODA Enterprises Pty Ltd or the third parties who have contributed to the MiStable™ software. Nothing on the site should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of DEJODA Enterprises Pty Ltd or the relevant contributor. Nothing displayed on the software should be construed as granting any licence or rights to use any name, logo or trademark without the express written permission of DEJODA Enterprises Pty Ltd or the relevant third party contributor.
Disclaimer
DEJODA Enterprises Pty Ltd provides this MiStable™ software and its contents on an "as is" basis. So far as is permitted by law DEJODA Enterprises Pty Ltd and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, or services offered or sold on or through this software or any other site to which this software links and the uninterrupted and error-free use of this site. So far as is permitted by law, DEJODA Enterprises Pty Ltd and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. DEJODA Enterprises Pty Ltd and its affiliates do not warrant that the MiStable™ software or files available on the software will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by DEJODA Enterprises Pty Ltd or its affiliates will create any warranty not expressly set forth herein. Your use of this MiStable™ software and any linked site is at your sole risk.
Limitation of Liability
DEJODA Enterprises Pty Ltd and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this software, including without limitation any liability;
- as a seller or reseller of any products or services,
- for any defective products,
- for any incorrect or inaccurate information,
- for any unauthorized access to or disclosure of your transmissions or data,
- for statements or conduct of any third party on the site, or
- for any other matter relating to this software or any linked site.
Notwithstanding the foregoing, the sole and entire maximum liability of DEJODA Enterprises Pty Ltd and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from DEJODA Enterprises Pty Ltd.
Indemnity
You agree to indemnify, defend and hold harmless DEJODA Enterprises Pty Ltd and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the software, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the software, your violation of these Terms & Conditions of Use of MiStable™ Website, your infringement or violation of any rights of another, or termination of your access to this software.
Third-party Links/Banners/Sponsorships
DEJODA Enterprises Pty Ltd may link to sites operated by third parties as a Third-party link, banner or sponsorships. You acknowledge that the inclusion of links in this MiStable™ software is not intended as an endorsement or recommendation of the linked site/product or the content of such sites. Even if the third party is affiliated with DEJODA Enterprises Pty Ltd, DEJODA Enterprises Pty Ltd has no control over these linked sites/products.
Use of software
You agree to use this MiStable™ software only for lawful purposes, and that you are responsible for your use of and communications on the software. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, copyrighted or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this software in any manner that interferes with its normal operation or with any other user's use and enjoyment of the software. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the software or material thereon.
You further agree that you will not access by any means except through the interface provided by DEJODA Enterprises Pty Ltd for access to the MiStable™ software. You agree that you will not access this software from any country or territory where its contents are illegal, and that you, and not DEJODA Enterprises Pty Ltd and its affiliates, are responsible for compliance with applicable local laws.
You agree that DEJODA Enterprises Pty Ltd may terminate or suspend your access to all or part of this software, without notice, for any conduct that DEJODA Enterprises Pty Ltd, in its sole discretion, believes is in violation of these Terms and Conditions of Use of MiStable™ Software, or any applicable law, or is harmful to the interests of another user, or affiliate of DEJODA Enterprises Pty Ltd or for failure to pay the MiStable™ annual lease renewal fee.
DEJODA Enterprises Pty Ltd will immediately turn off the MiStable™ Software upon written notification of a cancellation of an individual MiStable™ Software lease.
Term and Renewal
The original and non-cancelable term of this Lease shall commence on the effective date as set forth and shall terminate at the expiration of one (1) year. Leases will automatically be renewed, giving the lessor a fifteen (15) day renewal payment notice before the software's administration's is disabled and thirty (30) day renewal payment notice before the software is totally disabled and accompanying website is suspended.
Termination and Cancellation
You agree to give DEJODA Enterprises Pty Ltd three (3) months notice prior to termination or cancellation your lease.
Upon any termination or cancellation you must discontinue all access to and use of the software and all documentation related thereto. In the event of termination the restrictions imposed on you under this Agreement shall survive along with the provisions on disclaimer and limitation of liability and any unpaid balances accrued on your account prior to termination.
If yearly lease is being paid in installments, you agree to pay the outstanding balance of the yearly lease in full before termination of account and any data related to your site and account is handed over.
You agree that any reaming credits you might have remaining in your account and non-refundable.
Any data related to your account including images, audio files, pdf and word doc files — excluding files related directly to the software — will be handed over once all Termination and Cancellation terms have been met. Database information can be exported for a fee of $250.00 (Australian dollars) paid up front.
Changes and Updates to Software
You agree to allow DEJODA Enterprises Pty Ltd to change, update and modify the software at anytime and without any previous notice to you. You agree that DEJODA Enterprises Pty Ltd is not responsible for and issues any updates, changes and modification might have to your account and accompanying website. You agree to take full responsibility on any issues or upgrading of browsers that might need to be done to continue using the software after any changes and updates to software have been made.
Security Policy
When purchasing from DEJODA Enterprises Pty Ltd using the MiStable™ website your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre or call 1300 163 800
Contact Information
You can contact DEJODA Enterprises Pty Ltd by email, by phone on 61 3 1300 163 800 or by mail at DEJODA Enterprises Pty Ltd, P.O. Box 399, MOORABBIN, VIC, 3189, Australia.