Terms of Service

1. About

These Terms of Service (Terms) govern how you may access and use the websites and online software available within our domain mitigaze.com (Products).

You need to comply with these Terms to access and use our Products.

By accessing or using our Products you accept these Terms and a binding agreement is created between us and you incorporating these Terms.

2. Your Account

To access and use some of our Products (Subscription Products) you first need to open an account with us (Account).

You can open an Account via the sign up process on our website. You must provide complete and accurate information when opening your Account and you must keep your Account details up-to-date.

You must keep all login details associated with your Account (including share links and passwords) secret and secure. You are solely responsible for all activity that occurs in relation to such login details. You must notify us immediately if you become aware of any actual or suspected security breaches in relation to your Account.

Your Account is personal to you and you must not transfer your Account to anyone else.

3. Subscription Products

To access and use our Subscription Products, you need to activate the relevant subscriptions and pay us the associated subscription fees we specify from time to time on our website (except during any free trial periods we offer you). Subscription fees are due and payable in advance at the start of each monthly or annual subscription period (as applicable).

Subscription Products may only be accessed and used by the individual user whose name is associated with the relevant subscription.

You may cancel subscriptions to our Subscription Products at any time, in which case the cancellation will take effect at the end of the current monthly or annual subscription period. Following cancellation, we may limit or suspend access to a Subscription Product (including any related data and content) when the current subscription period ends. We do not offer refunds for subscription fees if you cancel due to a change-of-mind.

You will not be able to access or use any Subscription Products if your Account is suspended or cancelled.

5. Our IP

All intellectual property rights throughout the world in our Products (including all copyright, trademark and patent rights) (Our IP), are owned exclusively by us and our nominated third-party licensors at all times.

We don't transfer any of Our IP to you or to any other person under these Terms or as a result of you accessing or using our Products.

We grant you a limited revocable personal non-exclusive non-sublicensable non-transferable licence to use Our IP only to the extent necessary to enable you to access and use our Products in accordance with these Terms. You must not access or use Our IP in any other way.

4. Your Content

Some features in our Products may allow you to input content (such as text and images) into the Software (Your Content). You retain ownership of any rights you hold in Your Content.

You grant us a non-exclusive royalty-free worldwide licence to use Your Content for internal purposes relating to our Products, including testing, developing and creating new features for our Products.

You warrant to us that you are authorized to grant us a licence for Your Content and that our use of Your Content in accordance with these Terms will not infringe the intellectual property rights of any third party.

We may delete or disable access to Your Content if it doesn't comply with these Terms or if your Account is cancelled or suspended, and we won't be liable to you if that happens.

You indemnify us and our officers, employees, agents and affiliated companies against any losses and costs (including legal costs on an indemnity basis) any of them may suffer or incur in relation to any third-party claims that use of Your Content infringes the rights (including intellectual property rights) of any person, or constitutes any other form of unlawful or illegal conduct.

6. Privacy and data

Our Privacy Policy explains how we collect, use, disclose, store and grant access to personal information. By accepting these Terms, you provide consent for us to deal with your personal information in accordance with our Privacy Policy.

We may create aggregated anonymized data sets of user activity in relation to our Products, and you agree such data sets are owned exclusively by us.

7. General restrictions

You must not do or attempt, or assist or permit anyone else to do or attempt, any of the following:

  • access or use our Products otherwise than in accordance with these Terms;
  • access or use our Products otherwise that in the ordinary course of your business;
  • access or use our Products for any unlawful or illegal purpose;
  • use any automated system, software or technology (including robots, spiders, crawlers or scrapers) to access or extract data from our Products for any commercial purposes;
  • use our Products to defame, harass, threaten or menace any person;
  • use our Products in a manner that infringes any intellectual property rights of any person, including posting, uploading, publishing, submitting or transmitting any content without the permission of the owner of that content;
  • interfere with any other person's access to or use of our Products;
  • publicly disparage us or bring our name into disrepute;
  • tamper with or modify our Products or knowingly transmit any virus or other harmful code that may damage or interfere with our Products.

8. Account suspension and cancellation

Your Account will remain open unless it is suspended or cancelled in accordance with these Terms.

You can cancel your Account at any time by contacting us at support@mitigaze.com. We will do our best to promptly cancel your account after receiving notification from you.

We may suspend or cancel your Account at any time with or without notice if you fail in any way to comply with these Terms. If we suspend (rather than cancel) your Account and we ask you to rectify your non-compliance, we will remove the suspension upon you rectifying your non-compliance within the time we specify. If you don't rectify your non-compliance within the time we specify, we may cancel your Account.

Suspension or cancellation of your Account will not affect any of your obligations under these Terms, which will continue during any suspension and after any cancellation.

9. Notices

We may give any notices permitted or required under these Terms by sending an email to the email address associated with your Account. We are not required to give notices by any other means, unless required by law to do so.

10. Liability

To the full extent permitted by law, we do not make any express or implied warranties to you whatsoever in relation to our Products (such as warranties that our Products or use of our Products will meet any performance or quality standards, be fit for any particular purpose, be error-free or be uninterrupted). Our Products are provided on an "as-is" and "as-available" basis. Your are solely responsible for how you use our Products, including in relation to any legal advice you may provide using our Products.

To the full extent permitted by law, we will not be liable to you for any losses (including direct, indirect or consequential loss) or costs suffered or incurred by you in relation to your access to or use of our Products, including in relation to any failure or technical issues that limit or prevent your access or use. Without limiting the foregoing, to the full extent permitted by law, our liability to you for the aggregate of any claims by you shall not exceed the total amount of fees paid by you to us under these Terms.

To the full extent permitted by law, and despite the security measures we employ, we will not be liable to you for any losses (including direct, indirect or consequential loss) or costs suffered or incurred by you as a result of any unauthorized access to or use of your Account or Your Content by any third party.

The disclaimers, exclusions and limitations of warranties and liability under these Terms will not apply to you to the extent they are prohibited by applicable law.

11. Other terms

Any failure by us to exercise, delay in us exercising or partial exercising of any power, right or remedy under these Terms does not constitute a waiver.

To the full extent permitted by law, we may exercise any right or discretion and withhold any approval or consent under these Terms without being subject to any requirement to do so reasonably.

Any provision of these Terms may be (a) read down to the minimum extent necessary to achieve its validity, if applicable; and (b) severed from these Terms in any other case, without invalidating or affecting the remaining provisions of these Terms.

You must not assign or novate your rights or obligations under these Terms. We may assign and novate our rights and obligations under these Terms to any third party at any time.

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any matters or disputes arising out of or in relation to these Terms.

We reserve the right to change these Terms and our Products from time to time with or without notice to you. You should check our website for the most up-to-date Terms and information about our Products. Your continued use of our Products after any changes to these Terms constitutes your acceptance of the Terms as changed. If you do not agree to any changes we make to these Terms or our Products, do not use or access our Products.

In these Terms, the words "we", "us" and "our" mean and refer to Prenario Pty Ltd trading as Mitigaze (ABN 71 631 164 666).