user agreement

User 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.

The Services

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

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 are at least 18 years of age;
  • all information provided is true, accurate and complete to the best of your knowledge;
  • you have authority to enter in to this agreement;
  • you have read and understand the Terms contained within this agreement and agree to be bound by them; and
  • you will only use the Website for lawful purposes.
  • 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.

    From time to time, you may change information relating to your Account. You undertake to update your Account details with true and accurate information at all times. We undertake to take all due care with any information you provide to us when creating, updating and accessing your Account, and we are bound in compliance with Australian Privacy Laws as set out in thepowertool’s Privacy Policy .

    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:

  • suspend you account and all users attached to your account;
  • charge your credit card for the suspected number of unauthorised users, for the period that we suspect unauthorised users have been using the system;
  • 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.

    Payment

    If you wish to use the System, you acknowledge and agree that:

  • all relevant fees must be paid in full on the first day of the subscription period unless specified otherwise;
  • all payments will be made in accordance with the Purchase Terms ;
  • thepowertool reserves the right to vary its subscription fees from time to time, however, we will provide you with at least 60 days prior notice before effecting any changes to the fees; and
  • all fees are non-refundable, unless specified otherwise in thepowertool’s Cancellation and Refund Policy
  • Grant Of Licence

    Thepowertool agrees to grant you a licence under these terms which confer upon you the following rights:

  • Each registered user may login to the System with a unique email address to access and use the system to communicate with other registered users;
  • To install and use one copy of the App per mobile device for each individual user account;
  • Additional Rights And Limitations

    You must not:

  • use the System or the App to upload or transmit any text, images or other content that could be unlawful, threatening, harassing, hateful, facilitate or encourage conduct that could be considered a criminal offence, give rise to a civil liability, violate any law, or is otherwise inappropriate in the view of thepowertool;
  • sell (or offer for sale), rent, lease, adapt, translate, vary, decompile, modify, disassemble, reverse engineer, create any derivative work of, sub-licence, loan, distribute or reproduce in any way the System, the Website or the App other than authorised under these terms; or
  • reproduce or distribute licence key codes without prior written authorisation from thepowertool.
  • Warranties

    Thepowertool warrants that:

  • the System will perform substantially in accordance with the specifications and descriptions on the Website; and
  • the App will perform substantially as described on the Website and/or any marketing materials relating to the App and that it will make commercially reasonable efforts to correct any fault associated with the App as and when such faults are identified.
  • Intellectual Property

    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

    Thepowertool may terminate these Terms if you have committed any material breach of this Agreement, the Terms of Use, the Upload Terms, or the Purchase Terms and, in the case of a breach capable of being remedied, you have failed to remedy the breach within five days after the receipt of a written request from thepowertool.

    You may terminate these Terms by providing written notice to us by sending an email to admin@thepowertool.com.au.

    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:

  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.
  • Indemnity

    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.

    Notices

    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.

    Assignment

    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.

    General

    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.

    Governing Law

    The laws of Queensland, Australia govern these Terms.

    User Agreement last updated on 3rd February 2012

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