Terms and Conditions

1. YOUR ACCEPTANCE:

This agreement is between Mi Vista Pty Ltd (ACN 606 285 849), the owner and operator of “mi VISTA”, including all the software and services associated to ‘mi VISTA’, and you, the user of the ‘mi VISTA’ service. BY USING THIS SERVICE (and or other services associated with the ‘mi VISTA’ service), YOU ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS ASSOCIATED IN USING THE SERVICE. If you choose not to be legally bound by these terms and conditions, do not access the ‘mi VISTA’ service.

2. REFERENCE:

a. The words ‘mi VISTA’ or ‘mi VISTA’ SERVICE within these terms and conditions are to include, the directors and managing members of Mi Vista Pty Ltd, associated employees, shareholders, suppliers, agents, affiliates, servers and licencors of ‘mi VISTA’, as well as any parent corporation or other person that Mi Vista Pty Ltd deem appropriate.

b. The words SERVICE or SERVICES may be used in reference to the services or functions provided with and by the use of ‘mi VISTA’, including the services provided on the ‘mi VISTA’ website.

c. The word USER may be used in reference to you or entity or other person using the service, being the user of this service.

3. BASIC TERMS:

a. These terms and conditions apply to all users of the ‘mi VISTA’ service and associated services to ‘mi VISTA’;

b. The use of this service will signify your acceptance of these terms and conditions and to be bound by them, if you do not accept these terms and conditions feel free to delete your account and uninstall the ‘mi VISTA’ application from your mobile device;

c. The service provided by ‘mi VISTA’ is for your own personal use, and you must not use another person’s account without authorisation;

d. You are solely responsible for your own conduct whilst using these services as well as all data, text, files, information, images, or any other material that you submit, send, post or display whilst using this service.

e. You agree to comply with the laws, rules and regulations in the jurisdiction applicable to your use, and not to use these services for an illegal use that is beyond the scope of the services intended use;

f. You agree not to use these services to harass, intimidate, bully or stalk another person, or impersonate any other person or entity or share personal information of another person or entity or attempt to restrict or disrupt another person or entity from using the service;

g. You agree not to publish false information or make a misrepresentation that may damage ‘mi VISTA’ or a third party;

h. You agree not to resell or charge a fee to others to access or use services provided by ‘mi VISTA’;

i. You agree not to infringe any trademark, copyright, patent, trade secret or any other intellectual or proprietary right of another person or entity or ‘mi VISTA’;

j. You agree not to, or assist another person or entity to, duplicate, give access to, transfer, distribute or copy in whole or in part any of the services provided by ‘mi VISTA’ in any way without written authorisation from Mi Vista Pty Ltd;

k. You agree not to, or assist another person or entity to, alter, modify or reverse engineer any part of the service provided by ‘mi VISTA’ in any way, or do any such thing that may discover source code, bypass or interrupt measures employed by ‘mi VISTA’ to protect information, content and code of the services provided by ‘mi VISTA’, or attempt to access areas, features associated to, or compromise the security of ‘mi VISTA’ and it’s provided services that you or another person or entity are not authorised to use or gain access to, including the API of ‘mi VISTA’ without written authorisation from Mi Vista Pty Ltd;

l. You agree not to, or assist another person or entity to, do any such thing that may disrupt, damage, disable, override or impair the function of ‘mi VISTA’ and the services provided in any way;

m. You agree not to falsely imply that you or an associated entity or website or service is associated with ‘mi VISTA’ or its services;

n. You understand and agree that to use the services provided by ‘mi VISTA’ you may need to provide personal information to ‘mi VISTA’;

o. You understand and agree that ‘mi VISTA’ shall gain access to your contact list and/or address book on your mobile device in order to use these services;

p. You are responsible for the information entered and transmitted from your ‘mi VISTA’ account;

q. In the event of any unauthorised use of your mobile device, or breach of security, you must notify ‘mi VISTA’ immediately;

r. You understand and agree that ‘mi VISTA’ will not be liable for any damages or losses caused by any use of your account;

s. In the event that the ‘mi VISTA’ service contains a link to a third party that is not owned or controlled by the ‘mi VISTA’ service, ‘mi VISTA’ assumes no responsibility for the content, practices or privacy policy of these third parties. You acknowledge that ‘mi VISTA’ is not liable for any damages, claims or any other liability accruing from or related to any use of services provided by the third party;

t. Any correspondence or dealings with a third party and you is done so at your own discretion and risk and is in no way the responsibility of ‘mi VISTA’;

u. You will not, or assist another person or entity to, use or launch any spider, robot, crawler, scraper or any other automated means or interface that is not provided by ‘mi VISTA’ to access the service or extract data;

v. You will not, or assist another person or entity to, interfere or disrupt the services provided by ‘mi VISTA’, including any servers or networks the service is connected to, this includes transmitting any viruses, worms, spyware, malware or any other kind of coding that is designed to disrupt or damage a service;

w. You agree that any violation of the ‘mi VISTA’ terms and conditions may result in the immediate termination of your ‘mi VISTA’ account without reimbursements of purchase or subscription, and possible legal action being taken against you.

4. INTELLECTUAL PROPERTY:

The design of the ‘mi VISTA’ service as well as the text, graphics, interactive features, scripts, coding, trademarks, service marks, images, video clips, written material, icons and logos are owned by or licensed to ‘mi VISTA’ in accordance to the copyright, trademark, patent and intellectual property rights within Australia, overseas, and international conventions. You agree not to, or assist another person or entity to, copy, sell, modify, reproduce or exploit the service provided by ‘mi VISTA’ or the content associated with ‘mi VISTA’. Unauthorised use of the ‘mi VISTA’ content may breach laws.

5. USER CONTENT:

You agree that you are responsible for all user content; this includes any claims, legal or otherwise, arising as a result of your content. ‘mi VISTA’ is not responsible or liable in any way for any user content or claims arising therefrom, legal or otherwise. You agree and understand that you are responsible for any data charges that are charged to you for using this service. You understand that the use of this service is at your own option and risk, and that ‘mi VISTA’ is not liable for any activity related to the use of this service.

All messages, images, location data, medical information or any other information shall only be view-able to a user or users of ‘mi VISTA’ that has been selected by you. You understand that ‘mi VISTA’ makes no guarantees to the validity, legal status or accuracy to any content sent by you to another user or entity. Upon sending any content you confirm that you are giving the licence, rights, consents or permissions to ‘mi VISTA’ to pass on your sent content to a user nominated by you, and on your behalf. You understand that you retain all the ownership rights associated with the content sent by you. You understand and agree that upon removal or deletion of this service, you give up such an ownership right.

You agree not to send any information, images or other material that is already protected under copyright or other Intellectual property rights without the expressed permission of the Intellectual property’s owner. You agree not to send content that may be false or a misrepresentation that may cause damage or loss to another person or entity, including ‘mi VISTA’. In the event that such an act occurs, ‘mi VISTA’ expressly disclaims any and all liability in connection to such an act. Furthermore you may be exposed to content sent from other users that is inaccurate, indecent, objectionable or offensive and therefore agree to waive any legal or equitable right or remedies against or from ‘mi VISTA’.

You agree that you are responsible for all activity that occurs from your account, and are solely responsible for the safe keeping of your password and PIN codes. You agree not to share your password or PIN code with another person, or do anything that may jeopardise the security of your account. You agree that ‘mi VISTA’ does not accept any responsibility for any unauthorised action performed on your account by another person or entity. In the event that the security of your account may be or has been jeopardised, you agree to notify ‘mi VISTA’ immediately.

You agree to receive communication from ‘mi VISTA’ about your account as well as information about the service and updates. You agree that such communication’s will be sent to you electronically either by email, push notification, text message or other means.

6. mi VISTA CONTENT:

‘mi VISTA’ holds the right, at its own discretion, to change, amend or modify these terms and conditions of use at any time. Any changes made to these terms and conditions will be posted on the website at www.mivista.com.au. It is your responsibility to regularly check for any changes to the terms and conditions of this service. Any change to the terms and conditions shall come into effect upon posting or at a nominated date specified on the website. No change to the terms and conditions shall constitute a waiver of the current terms and conditions unless expressly stated by ‘mi VISTA’. Furthermore any failure by ‘mi VISTA’ to assert any right or provision given to ‘mi VISTA’ under these terms and conditions does in no way waiver that right or provision.

7. PRIVACY:

Selected information shall be collected from your mobile device by ‘mi VISTA’ to effectively use this service. This information may include access to your contact list, location and medical information for the sole use of this service. Additional collected information may consist of any identifying information that has been manually entered by you when setting up your account. All user submissions become published content and is not considered as personal identifiable information. Your right to not submit chosen personal information is respected, however by exercising this right, you may hinder the effectiveness or usage of this service.

Mobile phone numbers or other personal identifiable information is not used by ‘mi VISTA’ for any commercial or marketing purposes without the consent of the user. This information may however be used for internal administration, maintenance, identification and non-marketing purposes in order to improve the service, design and functionality of the service. Data shall be collected to monitor the usage of the services by the user to improve the service. Personal identifiable information is not sold or shared with other third parties for their own commercial or marketing use without the consent of the user. Non-personal identifying information may be used to assist a third party to understand the patterns of use of the ‘mi VISTA’ service. Your personal and non-personal identifying information may be released where it is a requirement by law, either State, Federal or International, or in response to a search warrant, court order, and subpoena or where there is a genuine concern to the safety of an individual. Your personal information may be used when responding to any enquiries made to ‘mi VISTA’ by you as the user.

A users personal and non-personal identifying information may be used by ‘mi VISTA’ to, defend itself from any claim or allegations, investigate and take precautions against liability, protect the integrity of ‘mi VISTA’, ensure the security of ‘mi VISTA’, protect the rights and personal identifying information of other users of the service, protect the rights and property of other persons and entities and assist law enforcement agencies and emergency services.

The security of your personal information is important to ‘mi VISTA’, and all reasonable measures are taken physically, technically and internally to protect such information, however ‘mi VISTA’ cannot ensure the security of any content sent by the user from any breach or destruction of such protective measures. If any breach of security is made known to ‘mi VISTA’, the user shall be notified of any breach and how to take appropriate steps in preventing any further breach to occur. If any breach of security is made known to ‘mi VISTA’, notification of the breach may be announced on the website.

If ‘mi VISTA’ is involved in a merger, acquisition or sale, ‘mi VISTA’ shall take all responsible measures to continue the confidentiality of any personal and non-personal information supplied by the user. If ‘mi VISTA’ is involved in a merger, acquisition or sale, notice shall be given on the website.

You understand that any ideas, suggestions, feedback or any other means of information or materials with regard to “mi VISTA’ and this service are non-confidential and shall therefore become the property of ‘mi VISTA’. Such information shall therefore be licensed to ‘mi VISTA’ to use for any purpose without acknowledgement or compensation being made to you. In the event that you do wish to provide ideas, suggestions or feedback to ‘mi VISTA’ you can do this by sending an email to feedback@mivista.com.au.

8. SERVICE AVAILABILITY:

It is important to both you and ‘mi VISTA’ for this service to be available at all times, however you understand that there may be occasions of interruption to the service due to scheduled maintenance, repairs to service or equipment, upgrades to the service and equipment or interruptions in telecommunications or equipment. You understand that ‘mi VISTA’ is not responsible for any interruption, failure or difficulties to this service due to any difficulties caused by failed service or internet reception to your mobile device from your mobile or internet service provider.

9. PAYMENTS, FEES AND CHARGES:

The service provided by ‘mi VISTA’ is a paid service, payable by the user, either upon sign-up or by yearly subscription after the first twelve months of use. Reward incentives have been provided to the user to receive extended access to the service without fee, providing the conditions of these incentives have been met and complied with by the user. It is not the intention of ‘mi VISTA’ to modify the amount of purchase and/or subscription related to this service, but ‘mi VISTA’ does reserve the right to do so without prior notice. If any such changes were to occur, any change made to purchase or subscription cost will be posted on the ‘mi Vista’ website. All payments made to ‘mi VISTA’ must be made by a valid means that the user is authorised to use. All and any payments, fees and charges are non-refundable. All credentials used when making any payment will be treated as the users personal information and will remain protected in the same manner as all other personal identifying information that is provided to mi Vista.

10. WARRANTY DISCLAIMER:

YOU UNDERSTAND AND AGREE THAT THE SERVICES PROVIDED BY ‘mi VISTA’ ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. YOU ACCESS AND USE THE SERVICES PROVIDED BY ‘mi VISTA’ AT YOUR OWN RISK AND ‘mi VISTA’, INCLUDING ALL ASSOCIATED PERSONS OR ENTITIES, DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION TO THE SERVICE AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ‘mi VISTA’, INCLUDING ALL ASSOCIATED PERSONS AND ENTITIES, MAKE OR GIVE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS OR ANY KIND WHATSOEVER, WHETHER EXPRESSLY OR IMPLIED AS TO THE SERVICE PROVIDED, USER OR PROVIDER CONTENT, INCLUDING THE CONTENT OF ‘mi VISTA’, OR THE SECURITY OF INFORMATION PROVIDED TO ‘mi VISTA’ OR IN THE PRACTICE OF USING THIS SERVICE. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY ‘mi VISTA’ TO THE ACCURACY, RELIABILITY, USEFULNESS, TIMELINESS AND COMPLETENESS OF SERVICE, SERVICE CONTENT, APPLICATION, WEBSITE OR YOUR USE, ACCESS, AND RELIANCE ON THE SERVICE. NO GUARANTEE OR WARRANTY IS GIVEN, EXPRESSLY OR IMPLIED, BY ‘mi VISTA’ THAT THE SERVICE WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SERVICE OR SERVER IS FREE OF ANY HARMFUL COMPONENTS OR VIRUSES OR TO THE MAINTENANCE OF THE SYSTEMS, NETWORKS, HOST OR SERVER USED BY THIS SERVICE. YOU USE THIS SERVICE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBILITY FOR ANY LOSS OF DATA, DAMAGE TO COMPUTER OR MOBILE DEVICE OR ANY OTHER DAMAGES THAT MAY OCCUR FROM OR WHILST USING THIS SERVICE, EITHER ONLINE OR OFFLINE.

‘mi VISTA’ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) MISTAKES, INACCURACIES OR ERROR OF CONTENT, (b) ANY UNAUTHORISED ACCESS TO OR USE OF SERVER, WEBSITE, SERVICE OR OTHER PLACE, STORAGE DEVICE OR SYSTEM, WHERE PERSONAL INFORMATION MAY BE STORED, (c) DAMAGE OR INJURY CAUSED TO PERSON OR PERSONS, INCLUDING FATAL INJURY, OR TO PROPERTY WHATSOEVER, AS A RESULT OF ,OR IN CONNECTION TO, USING THE SERVICE, (d) LOSS OR DAMAGE CAUSED OF ANY KIND TO PERSON OR PROPERTY, THAT IS INCURRED AS A RESULT OF ANY CONTENT, INFORMATION, ADVICE, IMAGE, SOUND OR OTHER MEANS VIA OR BY THIS SERVICE. (e) INTERRUPTION OR CESSATION OF ANY TRANSMISSION TO OR FROM THE SERVICE, (f) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE WHICH MAY BE SENT BY A THIRD PERSON OR ENTITY THROUGH THIS SERVICE OR WEBSITE, (g) THIRD PARTY ACTIVITIES, ADVERTISEMENTS, OFFERS, PRODUCTS, WARRANTIES AND ACTIONS.

11. LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES WILL ‘mi VISTA’ OR ITS MANAGING MEMBERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUPPLIERS, AGENTS, AFFILIATES, SERVERS AND LICENCORS AS WELL AS PARENT CORPORATIONS BE LIABLE FOR ANY DIRECT OR INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE, CONTENT, PERFORMANCE OR ACTION RELATED TO THIS SERVICE OR THE SERVICES PROVIDED BY ‘mi VISTA’. AT NO TIME, OR DURING ANY EVENT WILL ‘mi VISTA’ BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER FOR, (a) LOSS OF DATA, (b) LOSS OF PROFITS, (c) GOODWILL, (d) CONTENT OF ANY KIND, (e) MISTAKES OR INACCURACIES, (f) PERSONAL OR PROPERTY DAMAGE OR INJURY, (g) UNAUTHORISED ACCESS TO PERSONAL INFORMATION, INCLUDING FINANCIAL, (h) INTERRUPTION TO SERVICE, (i) VIRUSES, BUGS, TROJAN HORSES AND THE LIKE TRANSMITTED BY A THIRD PARTY, (j) ERRORS IN CONTENT SENT OR POSTED, EMAILS OR OTHER MEANS, (k) SUBMISSIONS OR OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT BY ANY USER OR THIRD PARTY, (l) AN ACTION TAKEN IN RELATION TO COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT, (m) DAMAGE TO COMPUTER, MOBILE DEVICE OR OTHER FORM OR EQUIPMENT OR TECHNOLOGY, (n) ERRORS IN SERVICE, INCLUDING BUT NOT LIMITED TO INTERRUPTION, ACCURACY, DELAY, DEFECT, NETWORK FAILURE OR OTHER TECHNICAL MALFUNCTION, EVEN WHERE THE EVENT WAS FORESEEABLE OR HAD BEEN ADVISED TO ‘mi VISTA’, (o) ACTS OF GOD, (p) TELECOMMUNICATIONS FAILURE, (q) THEFT OR DESTRUCTION. THE ONLY REMEDY MADE AVAILABLE TO THE USER IF THE USER IS DISSATISFIED WITH THE SERVICE, IS TO DISCONTINUE USING THE SERVICE. ALL AND ANY DISPUTES BETWEEN THE USER AND ‘mi VISTA’ MUST BE BROUGHT TO THE ATTENTION OF ‘mi VISTA’ IN WRITING TO dispute@mivista.com.au WITHIN 30 (THIRTY) DAYS OF THE EVENT FOR AN INTERNAL REVIEW. IN THE EVENT THAT A DISPUTE IS UNABLE TO BE RESOLVED DURING THE INTERNAL REVIEW, THE DISPUTE MUST THEN BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NEITHER YOU OR ‘mi VISTA’ CAN PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIM OR DISPUTE. YOU ALSO AGREE NOT TO PARTICIPATE IN ANY OTHER CLAIM MADE BY ANOTHER USER WHERE ‘mi VISTA’ IS A PARTY TO SUCH A CLAIM OR PROCEEDING. IN THE EVENT THAT ‘mi VISTA’ IS FOUND LIABLE FOR LOSS OR DAMAGES IMPOSED BY THE USER, UNDER ANY LAW, THE LIABILITY OF ‘mi VISTA’ WILL NOT EXCEED THE AMOUNT OF THE USERS LAST PAID TRANSACTION WITH ‘mi VISTA’. YOU AGREE THAT ANY SUCH ACTION TO A CLAIM MUST BE FILED WITHIN 1 (ONE) YEAR AFTER THE ALLEGED CLAIM AROSE IN THE APPROPRIATE COURT WITHIN THE WESTERN AUSTRALIA JURISDICTION, OTHERWISE ANY SUCH CLAIM OR ACTION IS PERMANENTLY DISMISSED.YOU AGREE THAT NO PART OF ANY PROCEEDINGS SHALL BE OPEN TO THE MEDIA OR PUBLIC, WITH ALL CORRESPONDENCE, DISCOVERY, SUBMISSIONS OR ANY OTHER PART OF ANY PROCEEDINGS TO REMAIN CONFIDENTIAL AND MUST NOT BE DISCLOSED TO ANOTHER PERSON OR ENTITY. ALL PROCEEDINGS WILL BE DEALT WITH UNDER STATE AND FEDERAL LEGISLATION’S IN WESTERN AUSTRALIA.

12. OTHER RESTRICTIONS:

In the event that ‘mi VISTA’ deems that you have engaged or attempted to engage in improper or fraudulent activity whilst using this service, ‘mi VISTA’ has the right to take such action that ‘mi VISTA’ believes is fit, including but not limited to terminating your service and/ or taking legal action against you. Whilst ‘mi VISTA’ is not obligated to do so, ‘mi VISTA’ reserves the right to check and delete user content at any time for any reason. Violation of these terms and conditions may result, at the sole discretion of ‘mi VISTA’, in the termination of your account. You understand and agree that upon such action, all user content may be lost and that ‘mi VISTA’ holds no responsibility to such content. By using this service you confirm that you understand and agree to the terms and conditions of the service, and that if you are under the age of 18 (eighteen) years of age, that a parent, guardian or other person authorised to do so, has explained these terms and conditions to you. By using this service, you understand the terms and conditions and agree to comply with them. If you do not agree to these terms and conditions you may not use the service.