User AgreementUser Agreement last updated on 3rd February 2012
Please read the following terms relating to your access to the Myloop business information processing system (the System) and use of the myloop mobile application (the App) which is provided by thepowertool Pty Ltd A.C.N. 142 139 740 (we, us, our, thepowertool, or thepowertool) .
Your decision to create a myloop account (an Account) via the website located at www.myloop.biz (the Website) and/or the App means you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (the Terms). These Terms govern your use of the System. Your access to the System is conditional upon your acceptance and ongoing compliance with these Terms. The App is the myloop mobile application downloaded from third party sites.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the System and the Website. This may result in additional services being provided or some of the existing services being terminated.
Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms, which can be viewed Terms . You agree to be bound by such changes, modifications or revisions as made by us from time to time.
Thepowertool provides persons who hold an Account with myloop (Users) with access to the System for the purpose of providing a portal for communication between Users. You must hold a current and valid Account with myloop to access and view the System.
Membership entitles you to a non-exclusive, non-transferable right to access and use the System, subject to these Terms. Membership occurs when you become a User.
When creating an account, you warrant and represent that:
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account’s username, passwords and other security features, confidential and secure to prevent unauthorised use of your Account. If you reasonably suspect that your Account’s security is compromised, you must notify thepowertool immediately. You agree to be solely responsible for any conduct associated with, or originating from, the Account.
We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account’s security resulting from the User’s act or omission to act.
Thepowertool’s Upload Terms form a part of these Terms and you will be bound by the Upload Terms whenever creating and updating your Account, posting, uploading, commenting or otherwise using the myloop App.
Each user account (or add-on account) is for the exclusive use of one individual person who is named on the account. If we find or suspect that an individual, either knowingly or unknowingly, is sharing a personal account by sharing one or more devices with the same login, we will immediately and without warning:
During such suspension you will not have access to your content.
Your account will only be re-activated upon a written agreement that you have ceased to allow or provide access to unauthorised users.
If you fail to make such an undertaken, or we suspect that you have not complied with an undertaking, your account will be closed permanently and you will be permanently denied access to the System.
If you wish to use the System, you acknowledge and agree that:
Grant Of Licence
Thepowertool agrees to grant you a licence under these terms which confer upon you the following rights:
Additional Rights And Limitations
You must not:
Thepowertool warrants that:
This User Agreement does not confer upon you any ownership rights with respect to copyright or any other intellectual property.
Thepowertool, or its nominated entity owns copyright in the Website and the App and any associated documentation.
You will own all copyright in works that you create using the System.
Names that are used to describe certain things in the System, the App or the Website may be registered or unregistered trademarks owned by third parties. Use of such trade marks in the Website, App or associated documentation is for descriptive purposes only. Thepowertool in no way asserts or claims any ownership rights with respect to those trade marks, nor does it claim any sponsorship, endorsement or affiliation with the owners of those trade marks.
Terms Of Agreement
These terms commence on the date you create an Account and will continue in perpetuity or until such time as they are terminated under these Terms or the Cancellation and Refund Policy.
Acceptance will be deemed to have occurred when thepowertool issues you an acceptance/confirmation email to the email address provided by you.
Termination Of Terms
You may terminate these Terms by providing written notice to us by sending an email to firstname.lastname@example.org.
Upon termination, thepowertool will deny you access to your data and your Account.
ExclusionsAnd Limitations Of Liability
To the extent permitted by law, thepowertool will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:1. suspension or cancellation of your Account; 2. your use of the System, the Website or the App; 3. your inability to access or use the System, the Website or the App; 4. any interruptions or delays in accessing the System; 5. negligence of thepowertool, or any of its employees, agents, contractors or any supplier of software that is contained in the System or the App; 6. termination of these terms by you or thepowertool; or 7. circumstances beyond the reasonable control of thepowertool,
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that they cannot be excluded or it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
To the fullest extent permitted by law, you agree to indemnify thepowertool against any claim or liability 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 your use of the App or breach of these terms.
Any notice to be given by thepowertool under these Terms or in relation to the System will be in writing, and sent to the email address provided by you in respect of the relevant Account. Such notice shall be deemed to have been given at the time the email was sent by thepowertool.
You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of thepowertool.
If any provision of these Terms 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 these Terms are reserved.
If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
The laws of Queensland, Australia govern these Terms.User Agreement last updated on 17th February 2015