Terms Of Use

Terms of Use last updated on 18th February 2015.

Welcome to the ‘MIAC’ business information processing system, (the System) accessed via the MIAC website (the Website ) which is operated by Thepowertool Pty Ltd A.C.N. 142 139 740 (we, us, our , or thepowertool ).

Throughout these terms of use and in all linked and associated documents and terms and conditions of business, the term System shall include all proprietary and third-party computer software, databases, servers, mobile applications and web interfaces required to provide the entire business communications network and business information processing system.

Your access to the System is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use ). Your use of, and/or access to the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time.

Our Products

MIAC is an electronic business communications network and business information processing system.

Your subscription to the MIAC service provides you with access to to access and use the System via the MIAC website and associated mobile applications (the App ).

For further information about the use of the Website, please refer to the User Agreement. For further information about purchasing a Subscription, please refer to the Purchase Terms.

Our sole responsibility is to provide a platform (the System) for interactive business communications and software integrations. You will be entitled to upgrades and you will be invited to add premium services as they are introduced. A premium service may attract an extra charge. You will be invited to consider premium services, but we will not automatically add premium services to your account.

MIAC has the ability to integrate and organise data from third party software, sensors and other devices as well as a human interface. MIAC does not warrant that any third party software or software vendor is capable of, or willing to, allow API integrations into its software. Integration with third party software is a separate powertool service, not included with this subscription.

We will not be held responsible for your inability to access the system by reason of you, your internal data network, your internet service provider’s or telephone service provider’s inability to provide access to the internet for any reason at any time.

You are responsible for the accuracy and security of all data and content that you include on your account, including contact names and addresses, project and task information.

We will attempt to maintain continuous access to the system, however cannot be responsible for delays or interruptions to the System. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

We may, at any time, discontinue the System in whole or in part. However, we cannot be held responsible for any loss, cost, damage or liability that may result from our discontinuance of the System.

You are entirely responsible for all data that you upload to the website, either manually or through software or device integrations. You are entirely responsible for complying with the laws of any country that you may be accessing the system from or that your data my pass through.

Security is in accordance with our Security and Backup Policy.

Data backup is in accordance with our Security and Backup Policy.

Prohibited Conduct

In relation to the System, you must not:

  • use the System for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the System to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  • use the System to send unsolicited email or system generated messages;
  • Knowingly use the website to defame or injure another party;
  • in any way tamper with, hinder or modify the System, Website or the App;
  • knowingly transmit any viruses or other disabling features to the System or the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.
  • Intellectual Property

    The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by thepowertool and protected by Australian and international laws.

    Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

    We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

    You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

    You must not:

  • reproduce or use any of the material on the Website for commercial purposes, including sale;
  • in any way modify the material on the Website; or
  • cause any of the material on the Website to be framed or embedded in another website.
  • In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

    In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

    Third Party Links

    MIAC may contain integrations via API’s (Application programming interface) to specific third party software systems (Linked Systems). We do not control Linked Systems and are therefore not responsible for the content or security of any Linked System. We provide specific software integrations by agreement with each client. We do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked System or the products or services offered by Linked Systems.

    We do not provide any warranty or take any responsibility for any aspect of Linked Systems or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked System.

    Indemnity

    By using the System, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the System by you.

    Disclaimer

    Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights ). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

    Except for your Statutory Rights and with respect to the Website:

  • all material on the Website is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the Website or your access to the System will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the System including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
  • To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the System or the Website.

    You expressly acknowledge that we do not exert control over registered users of the System or users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the System or the Website.

    Limitation Of Liability

    We do not provide or offer goods or services of any kind. You reliance on data uploaded to our system is entirely at your risk. We specifically exclude the cost of re-building, from your files, lost or destroyed data.

    The availability of the system is entirely at our discretion. We will not be liable for replacing our system with an alternative system in any circumstances.

    You are entirely responsible that your data is archived. See also Security and Backup Policies

    To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

    In the case of services supplied or offered by us:

  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.
  • In the case of goods supplied or offered by us:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.
  • Privacy

    By agreeing to and accepting the Terms of Use, you also agree to the terms of our Privacy Policy.

    Termination

    The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

    Miscellaneous

    We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

    We do not make any claims that the System is appropriate or may be accessed from or downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website, or linked systems, may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction or the jurisdiction of the country or state you are in.

    You are entirely responsible to ensure that all data, information, images, files and other information that you transmit via the Website is legal and appropriate for any jurisdiction to or through which it is transmitted.

    If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

    All rights not expressly granted in the Terms of Use are reserved.

    If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

    The date and time of any event is taken to be Australian Eastern Standard Time.

    Governing Law

    The laws of Queensland, Australia govern these terms.

    Contacting Us

    If you have any questions relating to the Terms of Use, please contact us by emailing admin@thepowertool.com.au.

    Additional Links

    The following links are referenced throuughout the above document and form part of the Terms Of Use.

  • User Agreement
  • Purchase Terms
  • Privacy Policy
  • Upload Terms
  • Terms of Use last updated on 18th February 2015.
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