Terms and Conditions
The terms “we”, “us” and “our” describe iSpiMi Pty Ltd, its subsidiaries and related bodies corporate. The term “you” refers to the person accessing or using iSpiMi or our Services, or the company or organisation on whose behalf that person accesses or uses iSpiMi or our Services.
iSpiMi Pty Ltd is registered in Queensland, Australia
Your use of iSpiMi is conditional upon your agreement that you:
- will comply with this Agreement;
- will not copy or distribute any part of iSpiMi in any medium without our prior written authorisation;
- will provide accurate information when creating an account or registering for our Services;
- will not use iSpiMi to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on iSpiMi for any commercial solicitation purposes;
- are solely responsible for your Content submissions, including deals, comments, pictures, and other such content;
- hereby grant each iSpiMi user, whether using iSpiMi or an application authorised by us but developed via a third-party developer, a non-exclusive licence to access the Content you submit through iSpiMi and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through iSpiMi’s functionality and under this Agreement;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to iSpiMi; and
- hereby agree that we have the right to determine whether any of your Content submissions are appropriate and comply with this Agreement, and emove any and/or all of your submissions, and/or terminate your account with or without prior notice.
You will need to register by creating an account with iSpiMi in order to publish Content on iSpiMi or obtain access to certain Services. If you choose to create an account with iSpiMi, you agree to provide only accurate, complete registration information, and you will update that information if it changes. Access to iSpiMi and the Services is not authorised by any other person or entity using your details and you are responsible for preventing such unauthorised use. Individuals and entities whose privilege to access iSpiMi and/or use the Services has previously been terminated by us may not register for an account, nor may you designate any of those individuals to access iSpiMi or use the Services on your behalf.
You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by us, and therefore such information is not subject to any confidentiality obligation. Any communications between you and us, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
When you use iSpiMi, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to iSpiMi by you. You agree not to post or use any Content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by iSpiMi in its sole discretion,
- is false or inaccurate, or
- could damage iSpiMi and/or its related bodies corporate, affiliates, advertisers, or any other third party.
Though we strive to enforce these rules with all of our users, you may be exposed through iSpiMi or the Services to Content that breaches our policies or is otherwise offensive. You use iSpiMi and the Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from iSpiMi if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on iSpiMi whether it breaches our policies or not.
It is our goal to make the use of iSpiMi a good experience for you and all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using iSpiMi or the Services;
- upload, distribute or print anything that may be inappropriate or harmful to children;
- attempt to reverse engineer or jeopardise the correct functioning of iSpiMi or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies iSpiMi;
- attempt to gain access to secured portions of iSpiMi or the Services to which you do not possess valid access rights;
- upload or transmit any form of virus, or other malicious code;
- use iSpiMi or the Services to generate or distribute unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from iSpiMi or the Services, or to interfere in any way with the proper functioning of iSpiMi or the Services; or
- impersonate another user.
We don’t have control over websites that iSpiMi may link to. iSpiMi may contain links to third party websites that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using iSpiMi you expressly relieve us from any and all liability arising from your use of any third party website.
You agree to compensate us for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by us which are caused by your breach of this Agreement. This defence and compensation obligation will survive the termination or expiry of this Agreement and your use of iSpiMi.
We reserve the right, but have no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other customers of ours or any Partners. To the extent the law permits, you waive and release us from any and all claims or liability related to any Content posted on iSpiMi and from any and all claims related to the conduct of any other customers of ours or any Partners.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to iSpiMi and the Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use iSpiMi and the Services in accordance with this Agreement. “iSpiMi” is our trademark. Other product and company names that are mentioned on iSpiMi or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on iSpiMi, excluding all intellectual property of other entities and/or Content posted by our customers, is owned by us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under Australian law, the law of the jurisdiction where you reside, and international conventions. Content provided by iSpiMi is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to iSpiMi and the Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trade marks that are contained in Content that you post to iSpiMi. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. iSpiMi’s designated Copyright Agent to receive notifications of claimed infringement can be reached through info@iSpiMi.com
We will send emails to the email address you provide. You are responsible for providing the correct email address to us and updating your details as necessary. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. Further, we will not be responsible for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in spam or junk folders, or by other factors outside of our control.
We may change the terms of this Agreement from time to time on a going-forward basis. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using iSpiMi and the Services. Your use of iSpiMi and the Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of iSpiMi Pty Ltd. No purported agreement not to enforce any right or modification of this Agreement by us via telephone or email shall be valid.
There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held ineffective, invalid or unenforceable by a court or regulator, the remaining provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.
We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us, you must do so within Queensland, Australia. Relevant Australian law will apply.
You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. If you aren’t, you must please stop using iSpiMi and the Services.
This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.