Contract Terms
These Terms of Use (‘Terms’) govern the Projects and Services that we provide.
These Terms are to be read together with the Proposal document.
The Proposal sets out the key details of the Services and Project that we propose to provide to you.
These Terms describe our relationship with you and how the Services and Project will be provided to you. By signing the Proposal, you also agree to these Terms.
We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our Website and Services and signing up for the Subscription, you agree to be bound by these Terms as well as any and all general Terms and Conditions and policies posted on our Website from time to time.
1. DEFINITIONS
‘Content’ means any and all material, links, words, images including but not limited to any goods and services the Subscriber stores or shares through any of our hosting packages.
‘Custom Products’ means any customised products which we may design, develop, or host for you and which are identified in the Proposal as Custom Products.
‘Fee’ means the price for the Services or Project as set out in the Proposal.
‘Fee Payment Schedule’ means the Fee Payment Schedule set out in the Proposal.
‘Project’ means the Project, work or content described in the Proposal. The Project includes any Custom Products which may be identified in the Proposal.
‘Project Commencement Date’ means the Project Commencement Date set out in the Proposal.
‘Project Completion Date’ means the Project Completion Date set out in the Proposal.
‘Proposal’ means the Proposal document which sets out the key details of the Project and the Services and is signed by the Client.
‘Retained IP’ means any intellectual property identified in the Proposal as our Retained IP, which is intellectual property that we may use in the development of any Custom Products for you but which we retain ownership of and do not transfer to you under these Terms.
‘Services’ means the services described in the Proposal which may include provision of our mobile applications and software products, website design and development services, mobile application design and development services, software maintenance, search engine optimisation services, website hosting, mobile application hosting, or other related services as outlined in the Proposal as well as any other services that may be agreed in writing from time to time.
‘MetaPOS Hourly Rate’ means the MetaPOS Hourly Rate set out in the Proposal.
‘Subscriber’ means a subscriber to the Services on this Website.
‘Website’ means www.MetaPOS.com.au.
‘We’, ‘our’, ‘us’ and ‘Soulbook’ means Soulbook Pty Ltd.
‘You’ and ‘your’ means the Subscriber to our services.
2. WHAT WE OFFER
We offer a variety of software platforms to serve the restaurant and retail industries. These include mobile applications, point of sale systems, websites, and related systems and are available by subscription.
We also offer customised mobile application and website development as well as ongoing hosting, support and maintenance. In the event that we provide these sorts of Services for you, we may provide you with Custom Products as a result of such Services.
The specific Services and the Project that we are offering to you are described in the Proposal. By signing the Proposal you accept the specifications of the Services and the Project as described in the Proposal.
3. CUSTOM PRODUCTS
In the event that any products are identified in the Proposal as Custom Products, then upon approval by you of the Project, and subject to your compliance with these Terms, including compliance with your obligations to pay the Fees, you will own the intellectual property rights in the Custom Products.
4. STANDARDS OF SERVICES
We agree to provide all Services in a professional manner and in accordance with generally accepted industry practice and standards.
We agree to deliver the Project by the Project Completion Date, provided that you promptly provide all necessary information, assistance, cooperation and feedback as and when required by us.
In the event of any delay in delivery, we will notify you to discuss and agree an alternate date. You acknowledge that any late provision of any materials, information or responses that we may have requested or require may result in a delay to delivery of the Project. You acknowledge that we are not responsible for any such delays.
Unless otherwise stated in the Proposal, the Fee will allow for a first version of the Project and up to 1 reasonable revision. A ‘reasonable revision’ means non-material, minor changes only. Any structural, substantial changes or new material not included in the original Proposal will be charged at the MetaPOS Hourly Rate at the time of the request.
Requested revisions must be returned to us within 1 week of submission of the first version of the Project or as otherwise agreed. Any late delivery of revisions by you to us may result in a delay to finalisation of any Project as we may have blocked our time out for other work and clients.
We will complete and deliver the Project with the final revisions within 1 week of receiving revision requests; unless otherwise agreed with you.
5. CLIENT APPROVAL AND USE OF PROJECT MATERIAL
You agree that we will be the sole author of the Project or will use our own professional qualified employees or contractors. We shall be solely responsible for any employees or contractors we use to assist with any Project and will vet all final versions prior to presentation to you.
You are responsible for providing written approval required for the completion of the Project within the agreed timeframe. Payment of the invoice rendered by us or any publication or use of the Project also constitutes formal approval of the Project.
6. ADDITIONAL SERVICES
a. Web Hosting
Each web hosting package comes with a specified monthly storage and bandwidth limit. Your bandwidth limit is determined by the package you subscribe to. We monitor your storage and monthly bandwidth usage. You can check on your storage and bandwidth use by accessing your account at any time. The bandwidth calculations are updated daily and are not in real time.
You will receive automated emails to advise you when you are approaching your bandwidth limit. Once you reach your bandwidth limit, your website or app will no longer be displayed, and a ‘Bandwidth Exceeded’ message will instead be displayed to any party visiting your website or app until you either upgrade your hosting package or your bandwidth usage is reset. Bandwidth usage is reset on the 1st of every month.
You will receive automated emails to advise you when you are approaching your bandwidth limit. Once you reach your bandwidth limit, your website or app will no longer be displayed, and a ‘Bandwidth Exceeded’ message will instead be displayed to any party visiting your website or app until you either upgrade your hosting package or your bandwidth usage is reset. Bandwidth usage is reset on the 1st of every month.
If your storage use exceeds the storage limit that applies to the package you subscribe to, we have the right to take corrective action to reduce your storage use to an amount that does not exceed your limit, including deleting any of your Content or terminating your Services. Such action may be taken in our sole and absolute discretion, and we do not accept any liability for any loss or damage that arises as a result of the corrective action.
b. Domain registration
Your registration of a domain name is not perpetual. You hold a licence to a domain name for a specified duration. Domain names must be renewed periodically at your expense. The duration of your domain registration depends on a variety of factors including the maximum allowable for a particular country code or generic descriptor first level domain extension, and the number of years you elect to register the domain for (in circumstances where you have the flexibility to nominate the duration). For .au domain names, the standard domain name licence period is 2 years.
In the lead up to the renewal date of your domain name, you will receive notifications from us to remind you that your domain name is due to expire.
We are not liable for any loss or damage that you incur as a result of your failure to renew a domain name by its expiration date.
c. Virtual private servers
If you have subscribed to the use of virtual private servers, you agree to adhere to security best practices, including the recommendation to change of administrator passwords on a regular basis. We are at no time responsible for any lost data on your own virtual private server unless you are using and have subscribed to our MetaPOS backup service.
d. Support
The Website hosting you may subscribe to as part of your Services includes limited hosting support as part of your package.
Hosting support includes:
- • Notifications when your hosting or email accounts are running out of space;
- • Recovery of corrupt and/or lost data (where possible); and
- • General support queries
Support for the Services is provided at no additional expense by submitting a ticket at support@metapos.com.au
During our usual business hours, we will endeavour to respond to your ticket within 30 minutes. Support includes but is not limited to unexpected server outages and unexpected interruptions to Services.
Support outside of our usual business hours is not guaranteed, and may not be immediately available.
In the event that a request for support is not related to a Service emergency or a Service provided by MetaPOS, you may be invoiced for costs incurred at the prescribed rate. Services which incur additional fees include debugging of script related issues, items which you may have used, uploaded or caused to your account and similar support for which additional charges apply. We will advise you at the time of your request of additional fees and charges.
7. FAIR USE
In order to preserve the integrity of MetaPOS’s Services and provide all Subscribers with MetaPOS’s 99.9% uptime guarantee, MetaPOS must be able to regulate your use of server resources. Therefore, you agree that you shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of MetaPOS’s servers. We define ‘excessive amounts of server resources’ as using any form of server resource in a manner which noticeably hinders the quality of any service. You agree that you are responsible for assuring reasonable server resource usage. Any violation of this policy will result in immediate account cancellation and imposition of an administrative fee of $500.00 (AUD). We will not refund to you any fees paid prior to such cancellation and you will be obligated to pay all fees and charges accrued prior to the cancellation, including all charges for all Services for each month remaining in your package. We reserve the right to determine, in our sole and absolute discretion, what constitutes a violation of this provision.
8. PRICING AND PAYMENT
Unless we are providing you with custom website or mobile development services, our Services are available by subscription.
The Fees for your Services and your Project are set out in the Proposal. For fixed price Services, MetaPOS reserves the right to change the Fees:
- • in the event where a third party supplier has changed pricing which affects our delivery of services to you;
- • in the event where any variation to an order or Services is made by you;
- • where additional costs are incurred due to the specific licence fees or other additional costs to meet your requirements; or
- • as otherwise determined by MetaPOS when your contract period expires.
In any event where there is a variation to Fees, you will be notified in writing, electronically or otherwise. Services may be billed on a monthly or annual basis depending on the Service you have subscribed to.
For monthly subscriptions, we have a minimum initial subscription period of 6 months, or such other period as stated in the Proposal.
If you are receiving Custom Products, our quoted Fees are set out in the Proposal.
a. Periodic Subscription Fees
MetaPOS does not extend credit to Subscribers. All Fees must be paid in advance of any delivery of Services.
Unless otherwise stated in the Proposal, all Fees must be paid in advance. No refunds will be given for months remaining where you have cancelled your Services before the end of the period.
b. Automatic Payment Methods
By providing your credit card or other payment details, you authorise us and agree to the monthly subscription fee being automatically deducted from your credit card or other nominated payment method at the beginning of each period unless you or we cancel the subscription in accordance with the below cancellation terms.
You are responsible for any payment processing fees which may be charged by the relevant payment provider. By providing your payment information you agree to the payment processing fees in addition to our Fees.
It is your responsibility to keep your contact and payment details up to date. If we do not receive prompt payment in accordance with our subscription terms, we have the right to suspend your subscription. Please note that this may have serious consequences which may result in your website or application being unavailable, losing your domain rights or other consequences for which we cannot be held responsible. We will notify you, wherever possible, prior to any such suspension.
c. Credit card chargeback
If you initiate or there is a chargeback on your credit card for MetaPOS’s fees payable for the Services or the Project, you will be subject to an administrative fee of $50.00 (AUD) per chargeback, re-payment of the amount(s) originally charged to the credit card and our Services may be terminated in our sole discretion.
d. Failure to make payment
Our subscription model is prepaid, either monthly or annually. If you fail to make payment within 7 days of the due date, your Service will be suspended. This may mean that any Websites you are hosting on our servers may not be accessible or available.
If you fail to make payment within 30 days after the due date, your Service will automatically be terminated. This may mean that any Content that you have uploaded or stored on our servers will be irreversibly deleted.
We accept no responsibility for any loss or damage that you may incur as a consequence of the suspension or termination of your Service or any lost data, files or Content.
e. Refund Policy
You must notify us 30 days in advance if you wish to cancel a subscription.
If you are on an annual subscription and you choose to cancel your subscription prior to the renewal date, we will refund any Fees relating to the unused period, calculated on a pro rata basis.
In any other circumstances, we do not offer refunds unless required by the Australian Consumer Law or other consumer protection laws.
9. YOUR AGREEMENT
To be eligible to use our Services, you acknowledge and agree to the following:
• You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
• You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
• You acknowledge that your use of the Services requires a certain amount of knowledge and skill, including technical know-how, and MetaPOS is not responsible for ensuring that you are capable of using the Services;
• You will use the Services only for lawful purposes and in accordance with these Terms and all policies and guidelines that may apply;
• You will not transfer, sublicense or grant access to any of our Services to any other person, company, or business except as agreed in these Terms;
• You warrant that any Content you store or share as a result of the provision of the Services is either owned by you, or you have licence to use and republish the Content. You will fully indemnify us against any and all claims including by you or any third party for use of this Content;
• You are at all times responsible for keeping all software in your hosting account up-to-date and ensuring you keep your account backed up on a regular basis.
• We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our Website for details of how we collect, store and use your personal information; and
• You engage the Services and use the Project at your own risk and agree to hold us harmless from any and all claims that may be brought against us as a direct or indirect result of providing the Services to you.
10. CONFIDENTIALITY
Each party (the ‘Receiving Party’) understands that the other party (the ‘Disclosing Party’) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (referred to as ‘Proprietary Information’ of the Disclosing Party).
Our Proprietary Information includes non-public information regarding features, functionality and performance of the Services or the Project. Your Proprietary Information includes non-public data provided by you to us to enable the provision of the Services (‘Customer Data’).
The Receiving Party agrees:
• to take reasonable precautions to protect such Proprietary Information, and
• not to use (except in performance of the Services or as otherwise permitted in this Agreement) or divulge to any third party any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law or a regulatory authority.
Notwithstanding anything to the contrary, we shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning customer data and data derived therefrom), and we will be free (during and after the term) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and our other offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.
During the term of this arrangement and after its termination, all information concerning Fees, payment arrangements, terms and any other information disclosed by both parties, shall be treated as Confidential Information by both parties.
11. WARRANTIES, ERRORS AND OMISSIONS
We warrant that the Project material and design we provide as part of the Services is original and does not infringe the intellectual property of any third party. Where images or materials are provided as stock or purchased on a licence basis, we will ensure you have been assigned all rights to the licence of any images or materials purchased.
While we make all efforts to ensure that the Project is reviewed and accurate where applicable, there is no guarantee that every Project is completely free from errors or missing content. The onus is on you to ensure all requested or required content is included in the Project and identification of any errors or changes required before final approval. In addition, as the Project and Services are generally based on the materials, content and information provided by you, we are not responsible for errors occurring in the Project or work related to the Project after approval of the Project by you.
We cannot control where and how any Project may be amended, posted, published or otherwise used by you, and for this reason, you agree that we are not responsible for any Project or Services after they are provided and approved by you.
We do not guarantee any increase in revenue, increase in business or other similar outcomes as a result of the Services or the Project.
Any material or content (‘Material’) provided by you which forms part of the Services or Project is your responsibility and liability. You will indemnify us for any direct or indirect claims including any third party claims in relation to the Material or use of the Project. You warrant that all Material provided to us is either owned by or licensed to you for the use provided.
12. YOUR WARRANTIES AND ACKNOWLEDGEMENTS
You warrant that:
• You have full legal authority and capacity to enter these Terms.
• In the event that you submit any Content or data to us, you have the full legal authority to submit that Content and data.
• You will not use the Services or the Project for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities.
• You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to our Website or via the Services or the Project.
• You will provide all relevant information required for us to carry out the Services and deliver the Project in a timely manner.
• You will comply at all times with these Terms.
By providing written approval of the Services or the Project, or by paying the Fees, you acknowledge that all Services and the Project have been completed based on and in accordance with your instructions.
13. CANCELLATION AND TERMINATION
TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription through our Website. You must cancel by logging into your account and cancelling your subscription via the menu or by otherwise opening a support ticket within your account and requesting cancellation in writing to us.
We require 30 days’ notice to cancel any subscription prior to the monthly payment date, to ensure you are not charged for the next month. If we do not receive your cancellation notice 30 days prior to the next monthly payment date, you will be charged the monthly fees for the next month.
No refund of any amount will be paid for Services cancelled prior to their respective expiry date, except in accordance with the Refund Policy above. Under no circumstances will we refund any fees associated with the registration of a domain name.
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Services or the Project with or without notice and for any reason, including, without limitation, breach of these Terms or any of our policies. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Services and the Project (except for any Custom Products) immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.
14. MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services, Project or our Website. In particular, if we believe Content to be inappropriate, or to potentially breach regulations, if we receive complaints or for any other reason in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
15. DISCLAIMER REGARDING AVAILABILITY
We make no warranty that the Services or the Project will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Services and the Project are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the Services or the Project become unavailable for any lengthy or unusual time period.
16. LIABILITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services, the Project, our Website, or any information contained on them or linked to them, or from any termination of your Services in accordance with these Terms. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, loss of profits, damage to reputation, interruption of business, or loss of data even if the possibility of such loss was made known to us.
Under this limitation of liability clause you agree that we are not liable for any loss or damage which may result from any reliance by you on the information on the Website, Services or Project, from your access to or inability to use the Website, Services or Project. You assume all risk in using the Website, Services and Project and we cannot be liable for your use of or reliance on them. While we endeavor to keep the Website, Services and Project up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website, Services or Project for any particular purpose and provide them for your informational purposes and out of our own analysis. Any reliance you place on them or any information contained in them is therefore strictly at your own risk.
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Goods and Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17. INTELLECTUAL PROPERTY (‘IP’)
All custom graphics, icons, logos and service names on our Website are registered trademarks, copyright, trade or service marks of MetaPOS.
All custom graphics, icons, logos and service names on our Website are registered trademarks, copyright, trade or service marks of MetaPOS.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Unless otherwise stated in the Proposal, we retain ownership of all intellectual property rights in the Project and the Services (except for any Custom Products), and we grant you a worldwide, revocable, royalty free, non-sublicensable, non-exclusive, non-transferable, licence to use such intellectual property subject to these Terms and solely for the purpose of using the Project and the Services in the manner set out in these Terms.
Unless otherwise stated in the Proposal, subject to your compliance with these Terms, all intellectual property rights in any Custom Products will be transferred to you upon your payment in full of all Fees. Any outstanding work, Projects and Services remain our property and may not be used, altered, redistributed or published by you until payment in full has been made and received by us.
In the event that the Proposal states that you will own any intellectual property rights in the Project or Services, such ownership will be subject to your compliance with these Terms and payment in full of all Fees. Any outstanding work, Projects and Services remain our property and may not be used, altered, redistributed or published by you until payment in full has been made and received by us.
Notwithstanding the previous sub-clauses, in some cases the Services or the Project may involve third party terms which means that any intellectual property rights in the Services or the Project are subject to those third party terms.
Generally, any images, graphics or logos (‘Images’) required for the Project or Services are to be provided by you unless otherwise agreed. You take full responsibility for ensuring that you own any Images that you provide, or that they are validly licensed to you and that such licence permits the Images to be used for the Project or Services in accordance with these Terms. You will retain all IP rights in your own Images.
The liability of any infringement of any intellectual property rights in relation to the Images will fall on you. Any third party claims are to be managed by you and you agree to indemnify us for any such claim.
From time to time, you may request us to provide Images as part of the Services. All Images, materials and work are provided without warranties of any kind, whether express or implied. In the event of any such request by you for Images, you agree to pay any additional fees for licensing or use as may be incurred and invoiced by us.
As a consequence of engaging the Services, we have the right and permission to use your name and logo for our own business promotional and advertising purposes. If you do not wish to have your name and logo used for such purposes, you must inform us in writing of such refusal.
In the event that any Retained IP is listed in the Proposal, then we own this Retained IP at all times and nothing in these Terms transfers any of our Retained IP to you. If we use any Retained IP in the development of any Custom Products for you, we grant you a worldwide, revocable, royalty free, non-sublicensable, non-exclusive, non-transferable, licence to use such Retained IP subject to these Terms and solely for the purpose of using the Project and the Services in the manner set out in these Terms.
18. SALE OF YOUR BUSINESS
In the event that you sell your business and wish to transfer the Project to the purchaser of your business, then we will take all reasonable steps to facilitate the transfer of your account to the purchaser, provided that the purchaser agrees to be bound by these Terms and demonstrates to our reasonable satisfaction that they eligible to hold an account with us as a Subscriber.
19. INDEPENDENT CONTRACTORS
Nothing in these Terms will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between you and MetaPOS. Each of MetaPOS and its Subscribers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other.
20. YOUR PRIVACY
We are committed to protecting your privacy. We will at all times respect the privacy and confidentiality of any information provided by you and we will adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
21. MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time to remove, delete, alter or amend any Content or the Website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, if we receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification or any loss or damage arising from a modification.
22. DISCLOSURE OF YOUR INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our contracts or agreements; or to protect the rights, property or safety of any other Subscribers or third parties.
We reserve the right to disclose the name and any other personal details of any user to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
23. THIRD PARTIES
In order to provide the full suite of Services and the Project to you, we may engage third party providers to enable access to the Services and the Project. You agree and acknowledge that we may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
We do not and will not sell or deal in personal information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting user needs generally. In addition, we may use any information that you provide to improve our Website and Services but not for any other use.
24. THIRD PARTY LINKS
We may from time to time provide links to other websites, advertisements and information for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites.
We take no responsibility for any of the content found on the linked websites.
Our Website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.
25. EXCLUSION OF COMPETITORS
If you are in the business of providing similar information, goods or services as us, whether to business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our Website, the Content, the Project or the Services to download any documents or information or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, the Services, the Project, the Content or any related information in our sole discretion.
26. WHOLE AGREEMENT
These Terms, together with the Proposal, represent the whole agreement between you and us concerning your use of and access to our Website, Services, Content, and any related information. No other provision is to be included in these Terms except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
27. EXCLUSION OF UNENFORCEABLE TERMS
Where any provision of these Terms would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a provision shall not apply in that State or Territory and shall be deemed never to have been included in these Terms in that State or Territory. Such a provision if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of these Terms in those other States and Territories. The deemed exclusion of any provision pursuant to this clause shall not affect or modify the full enforceability and construction of the other provision of these Terms.
28. GOVERNING LAW
These Terms are governed by the laws of Victoria, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.
29. CONTACT US
You can contact us about these Terms using the following details:
Address: Level 2, 696 Bourke Street, Melbourne, VIC, 3000 Email: support@metapos.com.au
