Privacy Policy and Terms of Use

Please see below for our Platform Privacy Policy and Terms of Use

 

Platform Privacy Policy

 

This is our Platform Privacy Policy. In this Privacy Policy, "we", "our" and "us" are all references to iimage Technical Services Pty Ltd  ABN 78 116 478 990 of iimage Technical Services Pty Ltd, PO Box 897, Hamilton NSW 2303 and references to the "Platform" are to our web-based platform which comprises our online services, the homepage of which can be accessed via the URL https://www.moqproducts.com.au/ and our smartphone and tablet applications. In this Privacy Policy, terms starting with a capital letter have the meanings given to them in our Terms of Use which can be accessed via the URL https://www.moqproducts.com.au/policies. We are committed to complying with our legal obligations regarding the collection, use and disclosure of Personal Information, including our legal obligations under the Privacy Act 1988 (Cth). 

 

This Platform Privacy Policy sets out our policy on the collection, use and disclosure of Personal Information. If we decide to change our privacy policy, we will post those changes here so that you will always know what Personal Information we gather, how we might use that information, and whether we will disclose it to anyone.

 

Why we collect Personal Information

As an online business, it is necessary for us to collect Personal Information from our Platform Users, and from other persons who contact us from time to time so that we can provide the Services and in order to apply technical support to a particular User or to answer questions about an experience that a User may have when using our Platform. The majority of Personal Information we collect relates to Users of our Platform. We may collect Personal Information if it is provided to us via our web site or smartphone/tablet apps, via email, by telephone, or via application forms. We may obtain Personal Information directly from third parties such as our sales agents and any of their representatives.  In addition, we may obtain Personal Information from public sources, where available. However, if it is reasonable and practicable to do so, we will collect Personal Information about an individual only from that individual.

 

Personal information our users collect and disclose

If you use the Platform to communicate with other Users, those other Users may collect, hold, use and disclose your Personal Information that you supply to them via the Platform. In certain circumstances described in the Services Description, you can also delegate permission to other Users to view and edit content that you have entered into the Platform. We recommend that you consider the privacy policies, collection notices and any applicable terms and conditions of those other Users. You must only permit access to other Users to Personal Information held by you through the Platform or otherwise, where you are lawfully entitled to do so. In addition, some of the features of the Platform allow Users to view the Personal Information of other Users; for more information about those features please see the Services Description.

 

Personal information we collect

We do not collect content entered into the Platform by any User, except the name, job titles, contact details, address, age, demographic information such as postcode, preferences and interests, telephone numbers, mobile numbers, email addresses, postal addresses, business addresses, other information relevant to customer surveys and/or offers, and any other Personal Information that a person voluntarily discloses to us when a user completes or amends an application to register on and/or subscribe to the Platform, or when a Registered User modifies the information contained in their User Account profile on the Platform. We also collect personal information when a User tells us the details of another User that they wish to delegate access to, or the details of another User if they wish to become part of the other User’s closed hierarchy group on the Platform.

 

The Personal Information that we collect when you visit, browse or access our Platform also includes statistical information which we gather including your IP address and the computer, web browser and your geographic location as well as the web pages on this Platform that you visit and how long you spend on each webpage. We may use cookies to collect this information which enables us to monitor traffic patterns and to serve you more efficiently if you revisit any part of our Platform. Statistical information that we collect may also include technical information such as the Internet protocol (IP) address used to connect your computer to the Internet, your username and password, browser type and version, time zone setting, browser plug-in types and versions and operating system, information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may use data analytics software or services to analyse the information that we collect.

 

In addition to the above circumstances, we may also collect Personal Information where:

 

  • You enquire about or subscribe to one of our products or services and you tell us your name, date of birth, contact details and billing details;
  • You become a customer, employee, supplier, contractor or investor in our company;
  • You consent to the specific collection;
  • You voluntarily provide Personal Information to us (this information may include, your name, date of birth, contact details, email addresses, details of our products and services you choose to enquire about and other information you choose to provide).

 

What we do with Personal Information

We use reasonable steps to protect Personal Information we hold from misuse, loss, unauthorised access, modification or disclosure. For example, our Platform contains Secure Socket Layer ("SSL") encryption that is used to transmit User Content via the Platform. All User Content entered into or transmitted by Users on or via the Platform is stored on servers at data centres operated by us and/or our hosting providers. We maintain other electronic (e-security) measures for the purposes of securing Personal Information, such as passwords, firewalls and antivirus software. We also maintain physical security measures in our business premises.

 

We may use or disclose Personal Information that we collect for all or any of the following purposes:

 

  • Running our Platform;
  • Handling complaints;
  • Managing employee records;
  • Sending out a newsletter, special offer or other information which we think you may find interesting using the email address which you have provided;
  • For market research purposes;
  • To customise the Platform according to your interests;
  • In order to process an application or enquiry made to us on the Platform;
  • In order to identify Users when we are contacted with questions or concerns regarding our Platform;
  • When our Users seek our technical support;
  • Conducting publicity campaigns;
  • When engaging third parties to conduct research and development of our Platform;
  • When providing information to our legal, accounting or financial advisors/representatives or debt collectors for debt collection or other purposes;
  • Where authorised or required by law.

 

In addition to the above situations, we may also need to disclose Personal Information to enforcement bodies (including content that you have entered into the Platform) for any of the following reasons:

 

  • The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
  • The enforcement of laws relating to the confiscation of the proceeds of crime;
  • The protection of the public revenue;
  • The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
  • The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of the court or tribunal.

 

We do not send "junk" or unsolicited e-mail in contravention of the Spam Act 2003 (Cth). We will, however, use e-mail from time to time to respond to inquiries, confirm purchases, or contact users of our Platform regarding their experiences with our Platform. Anytime a customer or visitor receives e-mail it does not want from us the customer can request that we not send further e-mail by contacting us via email at: support@moqproducts.com or by opting out by clicking the unsubscribe link at the bottom of any applicable e-mail.

 

We may provide statistics to third party advertisers by reference to demographic information concerning Registered Users of the Platform. This information is only ever provided on a de-identified basis, so that our third party advertisers’ advertisements that are published on the Platform can be targeted to a relevant target market. We never provide demographic information about our Users to third party advertisers that has not first been de-identified.

 

We will not sell, trade, or rent your Personal Information to any third party unless authorised by you or this Privacy Policy or such information is disclosed in connection with our sale, merger, reorganisation or consolidation of our assets or capital stock or any part of our Platform business or such disclosure is required to protect the safety of employees, customers or property.

 

If you do not provide your Personal Information to us

If you refuse to provide us with Personal Information or you provide us with erroneous Personal Information, we will be unable to provide the functionality and services made available through the Platform to you.

 

Destruction and de-identification of Personal Information

We will destroy and/or de-identify Personal Information that we collect where we have legal obligations to do so.

 

How to access and correct Personal Information held by us

To ensure that we only obtain, collect, use and disclose accurate, complete and up to date Personal Information, we invite you to contact us and inform us if any of your personal details we hold change or if any of the Personal Information held by us is otherwise incorrect or erroneous. 

 

You may request access to your Personal Information held by us by writing to us. Our address is as follows:

 

iimage Technical Services Pty Ltd

support@moqproducts.com

PO Box 897, Hamilton NSW 2303

We will charge you a fee of $50 to provide you with a copy of the Personal Information that we hold about you.

 

We will handle your request for access to your Personal Information in accordance with our statutory obligations. 

 

Complaints

If you wish to make a complaint regarding our privacy practices, please contact us at the following address:

 

iimage Technical Services Pty Ltd

support@moqproducts.com

PO Box 897, Hamilton NSW 2303

We will use our best endeavours to resolve the complaint within 10 Business Days following receipt of your complaint. This may include working with you on a collaborative basis to resolve the complaint or us proposing options for resolution.

 

If you are not satisfied with the outcome of a complaint you make refer the complaint to the Office of the Australian Information Commissioner (OAIC) who can be contacted using the following details:

 

Call: 1300 363 992

Email: enquiries@oaic.gov.au

Address: GPO Box 5218, Sydney NSW 2001

 

 

Terms of Use

  

Please read this document carefully. It is a legally binding agreement between you and us. It applies to our provision and your use of our Platform (including any desktop and mobile versions of it and any of our smartphone and tablet applications) and to the services that we provide through our platform. Your access to our Platform is permitted by us on the assumption that you have accepted these Terms of Use, and in consideration for that acceptance. If you do not agree to these Terms of Use, you are not permitted to access any part of our Platform or Services in any manner. If you access or use any part of our Platform or Services you are deemed to have agreed to these Terms of Use in their entirety.  

 

To assist you, we have prepared summaries of our Terms of Use and a description of our Platform and the services that we make available through it. The summaries of our Terms of Use are in the right hand column below. The summaries are not a substitute for the operative provisions of our Terms of Use (i.e those in the left hand column below). You should also read the operative provisions of our Terms of Use because those provisions are legally binding. Our summaries in the right hand column are not legally binding, and do not limit the scope or operation of the operative provisions. To make it easier to understand this Terms of Use, we have included a dictionary in clause 20 which sets out the meanings of defined terms and rules for interpreting the provisions of this Terms of Use. Our description of our Platform and the Services that we make available through the Platform is available at http://www.skoolbag.com.au/newfeatures.php and should be read in conjunction with this Terms of Use.

 

 

Operative Provisions

Summaries

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 and tablet 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, this Terms of Use and any of our policies linked to from this Terms of Use (including our Privacy Policy at http://www.skoolbag.com.au/privacy.php).

1.2.        We may modify and/or replace this 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 associated with your User Account or via a pop up message or other communication tool that we use to communicate to you via the Platform).

1.3.        We will always upload the latest version of this Terms of Use to our website at the following link: https://www.moqproducts.com.au/policies.

1.4.        If you do not wish to accept this Terms of Use, you must not and cannot use or access the Platform or any part of it.

By using our platform, you agree to our Terms of Use.

 

If we modify our Terms of Use we will notify you by email or through the platform if you are a Registered User.

 

2.     Services that are made available through the Platform

2.1.   A description of the Services that we make available through the Platform is set out in the Services Description. Our Services:

(a)      allow Users of the Platform to search, create, edit, display, follow, view and interact with content prepared by us, Users and/or third parties;

(b)      allow Users to communicate with other Users of the Platform and with certain other third parties;

(c)      allows Users to purchase goods and services through the Platform, either from us or certain third parties who we authorise to market their goods or services through the Platform.

2.2.   You are responsible for any content you introduce into the Platform.   You should be careful about the content that you choose to introduce, because you may not be able to delete content after you have introduced it. You are responsible for ensuring that the content you introduce does not breach the Intellectual Property Rights of any third party or otherwise breach our Acceptable Use Policy.

2.3.   While we take data security very seriously we take no responsibility for unauthorised use or access to the Platform or any data transmitted by or stored on the Platform. In addition, the Platform may be subject to downtime from time to time. Therefore, communications that you and other Users send via the Platform may not always reach their intended destination and/or recipients.  You agree that, except with respect to any applicable Non-Excludable Guarantees:

(a)      if you use the Platform to communicate anything then you do so at your own risk;

(b)      to the maximum extent permitted by applicable law, we are not liable for any loss or damage (including loss or damage for personal injury or death, financial loss or any other type of loss or damage) associated with any failure of a communication sent via the Platform to reach the intended destination or recipient.

2.4.   Most of our Services are only available to Registered Users of the Platform. Some of the Services may be available to unregistered Users, but only to the extent specified in the Services Description.

You are responsible for the content that you introduce into the Platform.

 

Our content and communications services are subject to downtime from time to time and should not be used for critical or vital communications.

 

 

 

3.     What’s not permitted?

3.1.   You may only access the Services solely for the purpose(s) specified in the Services Description and subject to the provisions set out in the Services Description and in these Terms of Use.

3.2.   We may suspend, ban or delete your User Account and/or prevent your access to the Platform or any part of it if:

(a)      you lie or mislead us about your details, your content, or any other User’s content;

(b)      you breach our Acceptable Use Policy;

(c)      you commence the process of opening a new account after we have banned you from using the Platform or otherwise restricted or terminated your User Account;

(d)      you fail to pay the Services Charges payable for your User Account within the time required by the Services Description;

(e)      you switch your User Account to another User;

(f)       you act in a manner that results in detriment to us, other Users, or if you act in a manner that we consider to be unacceptable in view of generally accepted online etiquette or behavioural standards and policies;

(g)      you are involved in any activity that constitutes scraping or replicating content from the Services for the benefit of other platforms, engines or applications not approved by us in advance in writing;

(h)      you attempt to hack into or cause damage to any facet of the Services, or you attempt to access information held by us that we do not intend to divulge to you;

(i)       you attempt to sabotage the operation of the Services by overloading them with data or traffic;

(j)       you attempt to compile, decompile, disassemble, replicate, license or distribute any aspect of the Services in a manner not expressly approved by us;

(k)      we are permitted to do so under any other provision of this Terms of Use.

We expect our Users to comply with their obligations when using the Platform and reserve the right to suspend, ban and prevent access to the Platform by Users who fail to do so.

4.     Registration

4.1.   There are different types of User Accounts on the Platform that can be applied for as described in our Services Description.

4.2.   We reserve the right to accept or reject any person's registration on the Platform in our absolute discretion.

4.3.   If you submit an application to register on the Platform, you:

(a)      agree to only enter accurate and truthful information into the application registration form;

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

(c)      will be deemed to have irrevocably warranted that you applied for registration on the Platform on behalf of and with the authority and consent of any corporate entity whose details you entered into the User Account registration form;

(d)      will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by any corporate entity, where you submit an application to register on the Platform on behalf of that corporate entity.

4.4.   If any of your contact details or other information which you provide during the registration application process change, you must promptly update those details in your User Account with your up-to-date details and information.

 

Your registration on our platform is subject to our approval. You and your organisation (if you register on behalf of one) are both responsible for their breach of these Terms of Use.

 

5.     Account hierarchies, grouping, and delegation

5.1.   Certain types of User Accounts can be configured so that they are linked to other User Accounts in a hierarchy that allows Users of one User Account to control or delegate access to other User Accounts and so that the Services can otherwise be used to enable communications and content management across multiple User Accounts in a closed group of User Accounts, as described in the Services Description. User Account delegation and User Account grouping can only be carried out in the manner described in the Services Description.

5.2.   User Account delegation does not require the sharing of your User Account password with any other User. You must not provide your User Account password to any person. You agree and acknowledge that you shall be solely responsible for the confidentiality of your password and any use of your User Account by any person who accesses your User Account with your User Account password (including unauthorised use).

5.3.   You must immediately notify us if you become aware of any unauthorised use of your User Account.

5.4.   If you are delegated access or control of another User Account you agree to only so access and control that User Account in accordance with the authority delegated by the persons or organisations who delegated that access or control to you.

User Account passwords are confidential and should not be shared, even where you delegate access to your User Account or your User Account is grouped with other User Accounts in a closed group hierarchy.

6.     Registered User plans and Service Charges

6.1.   Only Users who have registered on the Platform and have a User Account ("Registered Users") may access the Services, except as specified otherwise in the Services Description.

6.2.   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 Services for the purposes expressly described in the Services Description.

6.3.   Subscriptions for certain types of User Accounts are free of charge. Some User Account subscriptions require payment of a subscription fee to us, where specified in the Services Description. If the Services Description specifies that a subscription fee is payable for your type of User Account then you must pay the subscription fees specified in the Services Description (or as otherwise agreed between you and us in writing) plus any applicable GST, in consideration for you subscription to the Services ("Service Charges") at the time and in the manner set out in the Services Description.

6.4.   Any Services that you subscribe to have an initial 12, 24 or 36 month initial subscription term (“Initial Term”). Following expiry of that Initial Term your subscription will automatically renew for subsequent consecutive 12 month terms (each a “Renewal Term”). The Initial Term and any applicable Renewal Terms are described collectively in this Terms of Use as the "Minimum Term". You may cancel your subscription to the Services at any time. However, subject to clause 19.1, we do not provide Service Charges refunds to Users who cancel their subscriptions part way through the Initial Term or any applicable Renewal Term.

6.5.   At the expiry of the Initial Term or any Renewal Term, your subscription will automatically renew for a further Renewal Term unless either we or you provide at least 30 days written notice to each other (“Plan Termination Notice”) prior to the expiry of the Initial Term or Renewal Term as applicable, in which case your subscription to the Services shall terminate at the end of the Initial Term or the then current Renewal Term, as applicable. Any Plan Termination Notice that you send to us must be sent via email to support@moqproducts.com. This clause does not prevent the termination of any User Account or subscription to the Services pursuant to any other provision of this Terms of Use.

6.6.   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.

Payment is required for some types of User Account subscriptions. Account subscriptions have a 12, 24 or 36 month minimum term that automatically renews for consecutive 12 month renewal terms unless at least 30 days written notice of cancellation is provided prior to expiry of the initial term or any renewal term (in which case, where such notice is given the subscription will terminate at the end of the initial term or then current renewal term, as applicable). We do not provide refunds to Users who cancel part way through the initial term or any renewal term of a subscription (subject to clause 19.1).

7.     Responsibility for and ownership of User Content

7.1.   As between you and us, you own all text and other content that you upload into the Services ("User Content").

7.2.   You warrant, agree and represent that:

(a)      you will only upload, input, transfer and/or publish User Content into and/or via the Services or disclose User Content, which you are lawfully entitled and authorised to upload, input, transfer, publish and disclose;

(b)      you will comply with all applicable laws when using the Platform, including any applicable privacy laws;

(c)      you will not collect, use, hold or disclose Personal Information via the Services in breach of any applicable privacy laws;

(d)      your User Content and our collection, use, storage and/or disclosure thereof in the course of providing the Services, will not breach any applicable law or right of any person.

7.3.   You license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use, store, process, publish and disclose your User Content on the Platform as required by us to provide and host, or procure the provision and hosting of, the Services.

7.4.   You are solely responsible for the accuracy, legality, content and quality of all of your User Content and for obtaining any permissions, licenses, rights and authorisations necessary for you or us to use, host, transmit, store and disclose the User Content in connection with the provision, or procurement of the provision, of the Services.

7.5.   Except in respect of any Non-Excludable Guarantee, you agree that you, not us, are solely responsible for backing up and archiving all of your User Content.

7.6.   If you use the Platform to communicate with other Users, those other Users may collect, hold, use and disclose your Personal Information that you supply to them via the Platform. In certain circumstances described in the Services Description, you can also delegate permission to other Users to view and edit content that you have entered into the Platform. We recommend that you consider the privacy policies, collection notices and any applicable terms and conditions of those other Users. You must only permit access to other Users to Personal Information held by you through the Platform or otherwise where you are lawfully entitled to do so.

7.7.   You acknowledge that your access to your User Content that is hosted by the 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 unauthorised access to any User Content.

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 User Content is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of your User Content infringes the Intellectual Property Rights or other rights of any person, is fraudulent, misleading or deceptive or breaches any law, regulation, code or standard.

You own the data that you upload into our platform and are solely responsible for it. We are not responsible for how that data is used or for any loss, corruption or unauthorised access to or disclosure of that data.

 

8.     Availability of Services

8.1.   Subject to clauses 8.2, 8.3 and 8.4, if you are a Registered User of the Platform, we agree to use our best endeavours to provide or procure the Services at least 90% of the time, measured monthly.

8.2.   You agree that the availability of the Services to you will be subject, in addition to any other restrictions 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 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 Services and the User Content hosted by the Services is highly dependent on the proper function of the Internet and other third party computer and telecommunications networks and infrastructure upon which the Platform and/or Services and/or User Content operate, interface with or connect to, and that we are not responsible for any non-performance of the Platform associated with any of those matters.

8.4.   Except in respect of any Non-Excludable Guarantee, we do not guarantee that the Platform, Services or User Content 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 from all claims and/or complaints you or your clients, customers, members, students, agents and personnel may have against us in respect of any interruption, error or unavailability of the Platform, Services or any User Content.

Our platform might go offline from time to time and is subject to any technical and non-technical restrictions and limitations described in the Services Description.

9.     Acceptable Use Policy

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, sublicense, copy or duplicate the Platform or any content you obtain via the Platform (other than your User Content). 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 User Content) (except as expressly permitted by the Services Description or 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.

9.2.   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.

9.3.   You irrevocably 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 to publish or communicate content that cannot be published or communicated by applicable law is strictly prohibited by these Terms of Use;

(c)      using the Platform to collect, hold, use, publish or disclose any personal information of any person in breach of the Privacy Act 1988 (Cth) or any other applicable privacy laws is strictly prohibited by these Terms of Use. Without limiting the foregoing provisions, you should ensure that where you collect “health information” or other types of “sensitive information” (as those terms are defined in the Privacy Act 1988 (Cth)) that you do so in full compliance with the requirements of the Australian Privacy Principles and any other applicable laws;

(d)      using the Platform to publish or communicate images of any child under the age of 18 years without the prior written consent of the child’s parent or guardian or in breach of any child protection laws is strictly prohibited by these Terms of Use;

(e)      using the Platform for the purposes of ‘sexting’ or ‘cyberbullying’ is strictly prohibited by these Terms of Use;

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

(g)      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;

(h)      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;

(i)       revealing your account password to others or allowing use of your User Account by others is strictly prohibited by these Terms of Use;

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

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

(l)       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;

(m)     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;

(n)      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;

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

(p)      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;

(q)      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;

(r)       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

(s)      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.

9.4.   You must not use the Platform in any manner which is described as prohibited in clause 9.3.

 

You cannot use the platform in any way that breaches our Acceptable Use Policy.

 

10.   Intellectual Property Rights

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

10.2.      As between you and us, except in respect of your User Content, we own all Intellectual Property Rights in the Platform.

10.3.      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.

10.4.      You agree that any Intellectual Property Rights in any comments that you may provide to us in connection with the Platform or requests or suggestions 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, including as applicable 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.

10.5.      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 the rights granted to you by these Terms of Use to use the Platform or any part of it.

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

 

11.   Responsibility for advertisers and other Users

11.1.      We do not accept responsibility for the conduct of any Users of our Platform.

11.2.      If you believe that another User of our Platform has breached these Terms of Use please contact us.

11.3.      If you enter into any contract with any third party  for it to advertise on any part of the Platform in connection with any business/sponsor directory functionality provided by the Platform (or other functionality that the Services Description expressly states may be used to permit third party advertising on the Platform) ("advertiser"), you may use that functionality to facilitate that third party advertising. We are not a party to any agreement between you and any advertiser and we are not responsible for collecting any advertising fees or otherwise for any act or omission of an advertiser, or for any of your acts or omissions under any agreement between you and any advertiser. 

11.4.      If you use the Services to publish or procure the publication of any advertisements from or by third party advertisers, as between you and us, it is your responsibility to ensure that the content of the advertisements does not infringe the Acceptable Use Policy and you are liable for any loss or damage that we may incur as a result of the content of the advertisements. You hereby indemnify us for all such loss and damage that we may incur.

11.5.      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.

11.6.      Any dispute you have with another User of our Platform (including any advertiser) is between you and the applicable User. You hereby 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 other User into the Platform.

11.7.      We do not generally review or moderate content entered into or uploaded into the Platform. If we become aware of content that breaches our Acceptable Use Policy (see clause 9) 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 9 above, please contact us.

Some parts of our services can be used by Users to provision advertisements from third party advertisers to other Users of the Platform. We cannot be held responsible for the conduct of those advertisers or for the conduct of any of our Users.

 

12.   Third Party Tools

12.1.      Our Platform can be used in connection with third party software, applications, products and platforms ("Third Party Tools").

12.2.      We will identify Third Party Tools by labelling them “Third Party Tool”,  “Third Party Services”, “Powered By” or similar in the Platform so that you can easily identify which functionality provided by the Platform is a Third Party Tool.

12.3.      If you elect to use or interface any Third Party Tools with your User Content and/or your User Account, you indemnify us from and against any loss and/or damage that we may incur as a result of your use thereof and/or interfacing therewith.

12.4.      If you use any Third Party Tools (including where you interface any Third Party Tools with your User Content and/or your User Account):

(a)     you agree and acknowledge that: (i) the suppliers of the applicable Third Party Tools, and not us, are the suppliers and publishers (collectively, "providers") of the Third Party Tools; (ii) we are not responsible for the accuracy, quality or correctness of any Third Party Tools and/or their providers; and (iii) your use of Third Party Tools is pursuant to a contract between you and the applicable Third Party Tool provider(s), and not pursuant to a contract between you and us;

(b)     your use of Third Party Tools is at your sole risk, and not our risk;

(c)     we do not make any representations or warranties with respect to any Third Party Tools (whether as to their performance, availability, compatibility with the Platform and/or otherwise) and/or with respect to any providers of Third Party Tools;

(d)     we are not responsible for the practices, and/or terms and/or policies of Third Party Tool providers and/or for compliance with any such terms or policies;

(e)     you agree that we have no obligation to provide any technical support or other assistance in connection with any Third Party Tools;

(f)      you shall be deemed to have irrevocably released us from any claims that you may otherwise have had against us with respect to any non-performance of the Platform, and with respect to any loss, damage or corruption of your User Content, caused by Third Party Tools and/or the interfacing between any Third Party Tools and your User Content and/or the Platform.

12.5.      You agree that providers of Third Party Tools are not our representatives or agents and any link to any Third Party Tool from the Platform and/or interfacing and/or integration of the Platform with a Third Party Tool does not imply that we are affiliated with or sponsor, endorse or approve the Third Party Tool and/or its provider.

12.6.      We may have commercial arrangements with providers of Third Party Tools which include the payment to us of commissions or other benefits pursuant to those arrangements for Third Party Tools, including for example, commissions that are payable to us when you purchase and/or subscribe to Third Party Tools.

 

Some of our services are compatible with third party tools.  We are not responsible for third party tool providers or their software, applications, products or platforms.

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 or misuse 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 any claims made by third parties.

 

14.   App-Specific Provisions

14.1.      The provisions of this clause 14 apply only to your use of any Platform smartphone or tablet application that you download from the Apple App Store, Windows Store or Google Play or from any other location (each, an app). For the avoidance of doubt, any reference to the Platform in this Terms of Use includes a reference to any of our smartphone and/or tablet applications.

14.2.      You agree that this Terms of Use is an agreement between you and us and not between you and Apple, or you and Google, or you and Microsoft. As between us and Apple Inc., and as between us and Google Inc., and as between us and Microsoft, we are solely responsible for any product warranties pertaining to the app, whether express or implied by law, to the extent not otherwise effectively disclaimed under these Terms of Use.

14.3.      In the event of any failure of the app to conform to any applicable warranty and where the warranty relates to your use of a version of the app downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for the app to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty will be our sole responsibility.

14.4.      You and we each acknowledge that, subject to clause 14.5, as between you and us, we, and not Apple, Google or Microsoft, are responsible for addressing any of your claims relating to the app or your possession and/or operation of the app, including: (i) product liability claims made in respect of the app; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.

14.5.      Notwithstanding the provisions of clause 14.2, 14.3 and 14.4, and for the avoidance of doubt, you agree:

(a)     to release and indemnify us from any claims that you or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the app and any other claims, losses, liabilities, damages or expenses) which are caused by your acts or omissions or by your sales and marketing practices;

(b)     you, and not us, will be solely responsible for any of the matters referred to in clauses 14.2, 14.3 and 14.4 to the extent they are caused or contributed to by you.

14.6.      We and you each acknowledge that neither Apple nor Google nor Microsoft have any obligation whatsoever to furnish any maintenance or support services with respect to the app.

14.7.      You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14.8.      There is no limit to the number of devices upon which you may download, stream and run the app. However, you can only download, stream and run the app on compatible smartphone devices and tablets, as set out in our Services Description.

14.9.      We and you each acknowledge and agree that Apple and Apple's subsidiaries, are third party beneficiaries of this clause 14, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this clause 14 against you as a third party beneficiary of this clause 14.

Apple, Google and Microsoft are not responsible for any of our smartphone apps that you use.

15.   Hyperlinks

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

We are not responsible for third party sites.

16.   Liability

16.1.      Except in respect of any Non-Excludable Guarantees, we do not represent that the information on the Platform is accurate, correct, up-to-date or error free and we are not liable to you for any indirect, special or consequential loss or damage incurred by you, including liability for loss of profits, loss of business opportunity, loss of savings, liability for failure of communications to reach their intended recipients, or liability for loss of data.

16.2.      Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law, we will not have any liability to you in excess of, in the aggregate, the quantum of the Service Charges that you have paid us, 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 13.1.

16.3.      Any goods and services supplied by us through the Platform (which for the avoidance of doubt, includes the Services supplied by us, but does not include goods or services supplied by any User of the Platform to any person or any Third Party Tools) may come with implied non-excludable guarantees pursuant to 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. 

16.4.      If the goods or services supplied by us to you through the Platform (which for the avoidance of doubt, includes the Services supplied by us, but does not include goods or services supplied by any User of the Platform to any person or any Third Party Tools) 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, except as set out in this clause. If our 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.

16.5.      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.

16.6.      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.

Like many other platform operators, we limit our liability to the extent possible by law.

 

17.   Termination

17.1.      If you are a Registered User, we may terminate these Terms of Use and your User Account if you breach any material term of these Terms of Use that is irremediable, or if you breach any material term that is remediable that you fail to remedy within 14 days of notice from us.

17.2.      If you are a Registered User, you may terminate these Terms of Use and your User Account if we breach any material term of these Terms of Use that is irremediable, or if we breach any material term that is remediable that we fail to remedy within 14 days of notice from you.

17.3.      If you are not a Registered User, we may terminate these Terms of Use and your access to the Platform or any part of it at any time without notice.

17.4.      Termination  of these Terms of Use and access to the Platform does not affect any accrued rights of either party.

You and we can terminate your access to the platform under certain conditions.

 

18.   Notices

18.1.      Any notice issued to you from us or from us to you shall be in writing and sent by courier, post, email or through any popup notice or other communications tools facilitated by the Platform. Where sent from us to you, we shall use your contact details that are associated with your User Account.

18.2.      You may contact us or send a notice to us using our contact details:

(a)                Mailing address: PO Box 897, Hamilton NSW 2303; or

(b)                Email address: support@moqproducts.com

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

18.4.      Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

18.5.      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.

18.6.      We may issue notices electronically through the Platform in the form of popup notices, popup windows or using messaging functionality. Any notice issued via the Platform will be deemed to be delivered immediately upon the notice being sent.

18.7.      You agree that we may send you email or other electronic messages concerning your User Account and the Platform from time to time. If you do not wish to receive such messages, you can opt out at support@moqproducts.com or by clicking unsubscribe in the email.

 

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

 

19.   General

19.1.      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 sending you a notice in accordance with clause 18 ("Amendment Notice"). If you do not agree to the amendments and you are a Registered User you can cancel your subscription to the 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 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.

We may change these Terms of Use from time to time. If you are unhappy about the changes, please contact us

 

19.2.      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, license or novate our rights or obligations under these Terms of Use at any time, subject to our Privacy Policy.

You cannot transfer your rights under these Terms of Use unless we approve the transfer.

 

19.3.      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.

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

 

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

You and us are independent contracting entities and are not employers or employees of each other.

 

19.5.      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.

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

 

19.6.      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.

These Terms of Use set out our entire agreement with you.

 

19.7.      Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and us irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales.

These Terms of Use will be subject to the law of New South Wales.

 

20.   Definitions and Interpretation

20.1.      Definitions

In these Terms of Use:

Acceptable Use Policy means clause 9.

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

Business Day means Monday – Friday excluding public holidays in New South Wales.

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 website platform owned and/or provided by us, the homepage URL of which is https://www.moqproducts.com.au/ and also includes the 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 and tablet applications.

User Account means your account on the Platform that is created when you register on the Platform or subscribe to the Services.

Services means as set out in the Services Description.

Service Charges means as set out in clause 6.3.

Services Description means as set out www.moqproducts.com.

Privacy Policy means our Privacy Policy located at https://www.moqproducts.com.au/policies.

Registered User means as set out in clause 6.1.

Terms of Use means the terms and conditions set out on this webpage as amended by us from time to time.

User means any Registered User or other user of the Platform.

User Content means as set out in clause 7.1.

we, our and us means iimage Technical Services Pty Ltd (ABN 78 116 478 990) of PO Box 897, Hamilton NSW 2303.

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

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

 

20.2. 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.

(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.

These Terms of Use will be interpreted in accordance with clause 20.2