Terms

Terms of Use

1              Ownership

1.1           www.mindstar.com.au is a website (Site) operated by Mindstar Enterprises Pty Ltd (ABN 86 600 325 139) of 2A/35 Seaside Boulevard, Marcoola, 4564 (we, us and our).

1.2           To contact us, please email [email protected]

2              Acceptance

2.1           PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.

3              Changes to these Terms of Use

3.1           We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

3.2           These terms were most recently updated on 21 July 2019.

4              Changes to Site

4.1           We may update and change our Site from time to time to reflect changes to our services, our users' needs and our business priorities without providing prior notice. You accept that by doing this, we have provided you with sufficient notice of the variation and that your continued use of the Site after these changes constitutes your acceptance of the variations.  It is your responsibility to check this page to familiarise yourself with any updates each time you visit the Site.

5              Suspension or withdrawal of our Site

5.1           Our Site is made available free of charge.

5.2           The licence commences upon you accessing the Site and is granted until terminated, suspended or limited by us.  In the event of termination, you are no longer authorise to access the Site, but all restrictions imposed on you by the Terms of Use will survive termination. Termination under this clause will not affect any rights or remedies which we may have under these Terms of Use or at law.

5.3           We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of our Site for the business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.

5.4           You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

6              Limitations of Terms of Use

6.1           The Terms of Use are in no way limited or altered by any other terms or conditions on this Site or any other agreement you may have with Us for products, services or otherwise.  If any provision of this agreement is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.  All rights not expressly granted in this document are reserved.

7              Eligibility to use of Site

7.1           Our Site is directed to users who are:

• Business owners or employees of a Small Business with less than 20 employees,

• Based on the Sunshine Coast

• Over 16 years of age

• Residing and using this Site within Australia.

  We do not represent that content available on or through our Site is appropriate for use or available in other locations.  If you access our Site form outside of Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your access the Site from your location.

8              Account details

8.1           If you are provided with or chose a user identification and password or any other information as part of our security procedures, you must treat that information as confidential and not disclosure to any third party.

8.2           We have the right to disable any form of user identification or password, whether chosen by you or allocated by us any time if our reasonable opinion is that you have failed to comply with any of the provisions of these terms of use.

8.3           If you are aware or suspect that your user identification or password is known by a third party, you must notify us immediately at [email protected]  

9              Material on our Site

9.1           We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2           You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

9.3           You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.4           Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

9.5           You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

9.6           If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9.7           If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

9.8           You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.

9.9           This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

9.10        The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

9.11        Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

9.12        Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

10           No warranties or representations

10.1        This information is published for information only, without assuming a duty of care.  You acknowledge that you have not relied on any representation made by us which has not been stated expressly in these Terms of Use. Mindstar does not give any express or implied representation or warranty as to:

(1)            reliability;

(2)            completeness;

(3)            suitability;

(4)            availability;

(5)            accuracy;

(6)            correctness;

(7)            currency;

(8)            timeliness;

(9)            merchantability;

(10)         quality;

(11)         security;

(12)         accessibility;

(13)         fitness for any particular purpose;

(14)         content;

(15)         security of your computer in accessing this Site;

(16)         lack of computer viruses or other harmful components;

(17)         uptime;

(18)         title;

(19)         integrity of data; or

(20)         correction of defects.

10.2        Unless expressly stated otherwise, general information about our products and services:

(1)            does not constitute an offer or inducement to enter into a legally binding contract; and

(2)            does not form part of the terms and conditions for products and services.

10.3        Mindstar does not warrant that access to this Site will be uninterrupted, the services offered on the Site will be error-free or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material.  We recommend that prior to using any downloaded file, you carry out an appropriate virus check.  We reserve the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.

11           Limitation of Liability

11.1        In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.2        Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

11.3        You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your use of any information obtained from the Site and any use of the Site's content, services and products other than as expressly authorised in these terms.

12           Linking

12.1        You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

12.2        You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.3        Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

12.4        We reserve the right to withdraw linking permission without notice.

12.5        If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected]  

13           Obligations

13.1        You must:

(1)            ensure that all copies of material from the Site retain any copyright or other intellectual property notices contained in the original material; and

(2)            ensure your employees, subcontractors and other agents (if any) who have authorised access to the Site are made aware of these Terms of Use.

14           Prohibited uses

14.1        You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

(1)            in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

(2)            for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

(3)            to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;

(4)            to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or

(5)            to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

14.2        Additionally, you agree not to:

(1)            use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;

(2)            use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

(3)            use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;

(4)            use any device, software or routine that interferes with the proper working of the Site;

(5)            introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(6)            attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

(7)            attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

(8)            otherwise attempt to interfere with the proper working of the Site.

14.3        We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

15           Trademarks

15.1        All names, logos and trademarks (both registered and unregistered) are the property of Mindstar, or the third parties who have contributed to this Site.  Use of these trademarks will infringe intellectual property rights.  It is your responsibility to obtain the requisite approval.  Nothing contained on this Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Site without the express written permission of Mindstar.

16           Governing law

16.1        Unless expressly agreed otherwise, the services described in this Site are available only to Australian residents. Applications from people other than Australian residents will not be accepted. Unless expressly stated to the contrary, all matters relating to this Site are governed by and are to be construed according to the laws applicable in the State of Queensland and the Commonwealth of Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland and Australia. Mindstar has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if We consider (in its discretion) that the action is necessary or desirable.