MYCOMPLIANCE.ME Welcome to our website. This website is owned and operated by Micron Electrical Services Pty Limited (ABN 88 082 435 470) its successors and assignees (we, our or us). It is available at: www.mycompliance.me (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern your, the person, organisation or entity that uses our Site (referred to as you or your) use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully. If you have any questions, please contact us using the contact details below. Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.

1. Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

3. Your warranties: You warrant to us that you have the legal ca– WEBSITE TERMS OF USE pacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.

4. Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent. 5. Prohibited conduct: You must not:

• (a) Use the Site for any activities, or post or transmit any material from the Site:
  • § unless you hold all necessary rights, licences and consents to do so;
  • § that infringes the intellectual property or other rights of any person;
  • § that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • § that defames, harasses, threatens, menaces, offends or restricts any person;
  • § that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
  • § that would bring us, or the Site, into disrepute;
• (b) Interfere with or inhibit any user from using the Site;
• (c) Use the Site to send unsolicited email messages;
• (d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
• (e) Facilitate or assist another person to do any of the above acts.

6. Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

• (a) altering or modifying any of the code or the material on the Site;
• (b) causing any of the material on the Site to be framed or embedded in another website;
• (c) creating derivative works from the content of the Site; or
• (d) using the Site for commercial purposes.

7. Republishing: You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

• (a) you must make no alterations to the material;
• (b) you must attribute the material to our Site, including linking back to our Site where possible; and
• (c) you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

8. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.

9. Your content: If you choose to add any content on the Site, you:

• (a) warrant to us that you have all necessary rights to post the content;
• (b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
• (c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

10. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

11. Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

12. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

13. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

14. Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

15. Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

• (a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
• (b) Third Party Information; or
• (c) Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

16. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

• (a) your use of or access to the Site;
• (b) any breach by you of these Terms; or
• (c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

17. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. 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. All rights not expressly granted in these Terms are reserved.

18. Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

19. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

20. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

21. Termination: These Terms 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 these Terms and limitations of liability set out in the Terms will survive.

22. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

23. Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

This Software as a Service Agreement (Agreement) is between Micron Electrical Services Pty Limited ABN 88 082 435 470 (referred to as Micron) and the each individual or entity agreeing to this Agreement (referred to as you or your), collectively referred to as the Parties and each a Party. This Agreement governs the access to and use of the MyCompliance.me software (Software) and any related services made available to you (together with the Software referred to as Services). The Services are available on the website at my MyCompliance.me (Site) and the MyCompliance.me mobile application.

1. ACCEPTANCE

• 1.1 This Agreement forms a binding legal agreement between the Parties. By using the Services, you agree to comply with and be legally bound by the terms of this Agreement. Please read this Agreement carefully. If you have any questions, you should contact Micron using the contact details at the end of this Agreement.
• 1.2 You acknowledge and agree to this Agreement by: (i) ticking ‘I Agree'; (ii) accessing or using the App, Site or Services; or (iii) making any payment for the Services. If you do not agree to this Agreement, you should cease accessing or using the App, Services and Site immediately. If you are agreeing to this Agreement on behalf of an entity, including but not limited to a company or other organisation, you represent and warrant that you have the power and authority to enter into agreements and bind such entity and act on behalf of any person who uses the Services (each a User, collectively referred to as Users).
• 1.3 If you permit access and use of the Services by Users, you agree the Services will only be used by Users who are your employees, contractors or authorised agents acting in the ordinary course of business and directly working for or managed by you. You must ensure that each User using or accessing the Services does so in accordance with the terms of this Agreement.
• 1.4 Micron reserves the right to make changes to this Agreement at any time, effective upon the posting of the modified Agreement. Micron will give you 14 days notice via email prior to the change. It is your obligation to ensure that you (and each User where applicable) has read, understood and agreed to the most recent Agreement available on the App or Site.
• 1.5 Using the App, Site or Services may be prohibited or restricted in certain countries. If you use the Services outside of Australia, you are responsible for complying with the laws and regulations of the country from which you access or use the Services.

2. ADDITIONAL TERMS AND CONDITIONS

• 2.1 This Agreement supplements and incorporates the privacy policy (Privacy Policy) and Website Terms of Use (collectively the Micron Policies) as set out on the App and Site.
• 2.2 Some Services available on the Site and App may be subject to additional terms. Where applicable, such terms will be displayed prior to use of that Service or otherwise notified to you.

3. SOFTWARE AND SERVICES

• 3.1 Users can access and use the Services on any computer, mobile, tablet or other device which supports the App or Site (Device). Micron recommends each User access the App and Site using the recommended browsers as notified to you and each User.
• 3.2 To permit Users to access the Services, you must:
  • (a) complete Micron's registration form as set out on the App or Site (Registration Form) including name, contact details and other related information as requested by Micron (User Information); and
  • (b) subscribe to the Services (Subscription) for a period of time as set out on the Registration Form (Subscription Period). The fees for each Subscription Period (Subscription Fee) will vary subject to the functionalities and Services you request as identified on the Registration Form.
• 3.3 Upon receipt of the completed Registration Form and applicable Subscription Fee, Micron will create an account (Account) for you or your organisation (as applicable). You are responsible for determining: (a) what Services you require; and (b) if you are an organisation with an Account to manage multiple users: who will be a User of the Services, each User's access level and whether to revoke a User's access to the Services at any time for any reason via your Account.

4. DATA

• 4.1 Any information you submit via the Services, including but not limited to User Information or information otherwise collected by Micron (collectively referred to as Data) will be stored in accordance with our Privacy Policy. Micron will take reasonable steps and use industry standard procedures to ensure that Data is kept secure and confidential. These measures are intended to prevent unauthorised Data infiltration or security breaches to Micron's systems. Micron does not guarantee the security of any Data you store on your servers, or the servers of your contractors, your service providers or User Devices.
• 4.2 You grant Micron a non-exclusive, worldwide licence to any Intellectual Property rights subsisting in your Data in order to use, copy, transmit, reference, disclose or back-up your Data or otherwise for purposes including:
  • (a) to enable you and each User to access and use the Services;
  • (b) for Micron's administrative, support and training purposes; and
  • (c) in accordance with this Agreement or as otherwise required for Micron to provide the Services.
• 4.3 You represent and warrant that:
  • (a) any and all Data you submit (or a User submits) via the Services are your sole and exclusive property; or
  • (b) you have secured any and all authorisation and rights to use the Data as applicable under the relevant laws.
• 4.4 Title to and all Intellectual Property rights in any Data you input into the Services remains your property. However, your access to the Data and continued use of the Services is contingent on payment of your Subscription Fee for your Subscription.
• 4.5 You acknowledge and agree that:
  • (a) Micron is not responsible for any corruption or loss of any Data if such corruption or loss is due to an act or omission by you, your employee(s), contractor(s), agent(s), any User or other third party; and

you are responsible for complying with all laws and regulations regarding the use and disclosure of Data including but not limited to the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and any other requirements under Australian law or corresponding foreign law.

5. PAYMENT

• 5.1 You agree to pay the Subscription Fee required to enable you to access and use the Software and maintain the Subscription and access to the Services.
• 5.2 You will be required to make payment of the Subscription Fees in advance using one of the methods as set out on the Site and/or App and, if requested when completing your Registration Form, you must provide your payment details when completing your online subscription.
• 5.3 You acknowledge and agree that if Micron does not receive payment, Micron and/or its third party payment processor will attempt to contact you via email as soon as it becomes aware of the payment failure. Until payment is confirmed, your Account will be locked and you and Users will not be able to access or use the Software.
• 5.4 If you make a payment by way of credit card, you warrant that the information you provide to Micron or its third party payment processor is true and complete, that you are authorised to use the credit card to make payment and that your payment will be honoured by your card issuer.
• 5.5 If payment is not made within 7 days of the last payment date, Micron may lock your Account without notice to you, in which case you will not be able to access your Account, you and Users will not be able to use the Software and any of your or Users' data on the Account will be deleted and not recoverable.
• 5.6 All amounts are stated in Australian dollars and unless otherwise stated, all amounts are exclusive of GST.
• 5.7 Micron's pricing structure or payment methods may be amended from time to time at its sole discretion.

6. CANCELLATION AND TERMINATION

• 6.1 To terminate an Account, please contact Micron using the details at the bottom of these Terms.
• 6.2 Upon Micron's receipt of notice for termination, your access to and use of the Services will be terminated at the end of the billing cycle.
• 6.3 It is your responsibility to retrieve all necessary Data from your Account prior to termination.
• 6.4 Micron may terminate this Agreement immediately, in its sole discretion, if:
  • (a) you breach any of provision of these Terms and such breach is not capable of remedy;
  • (b) if a breach is capable of remedy, you breach any of the terms of this Agreement and do not remedy the breach within a reasonable period after receiving notice of the breach if the breach is capable of being remedied;
  • (c) Micron reasonably suspects that you are attempting to reverse engineer the Software;
  • (d) Micron considers that a request for Services is inappropriate, improper or unlawful;
  • (e) you fail to provide Micron with clear or timely instructions to enable Micron to provide you with the Services;
  • (f) Micron considers that the working relationship between the Parties has broken down including a loss of confidence and trust;
  • (g) there is an Insolvency Event; or
  • (h) for any other reason outside Micron's control which has the effect of compromising Micron's ability to provide you with the required Services within a required timeframe.
• 6.5 On termination of this Agreement, Micron may retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to this Agreement constitutes your authority for Micron to retain or destroy documents in accordance with the statutory periods, or on termination of this Agreement.

7. YOUR OBLIGATONS

• 7.1 You warrant that all information including User information provided to Micron is true, accurate and complete.
• 7.2 You acknowledge and agree that you are responsible for how Users use the Services and that:
  • (a) each User uses the Services at their own risk;
  • (b) the Services will only be used for your or the User's own lawful personal or business purposes in accordance with this Agreement;
  • (c) all usernames and passwords required to access the Services are kept secure and confidential;
  • (d) if there is any unauthorised use of your passwords or any other breach of security, you will immediately notify Micron of such activity;
  • (e) it is your responsibility to determine that the Services meet your and each User's needs and are suitable for the purposes for which the Services are used;
  • (f) you are responsible for obtaining any consents, licences, permits and permissions from other parties as required for the Services to be provided, at your cost, and for providing Micron with the necessary consents, licences and permissions; and
  • (g) the reliability of the Services is dependent upon each User's Device operating system, a User's internet connection and choice of web-browser.
• 7.3 You acknowledge and agree that each User:
  • (a) is authorised to use the Services and to access any Data, User Information or other information they input into the Software or provide to Micron as required for the Services; and
  • (b) will keep all usernames and passwords required to access the Services secure and confidential.
• 7.4 Micron is not responsible to any person or entity other than you and nothing in this Agreement confers, or purports to confer, a benefit on any other person or entity. If you use the Services on behalf of or for the benefit of any third party, including Users, you agree that:
  • (a) you are responsible for ensuring that you have the right to do so;
  • (b) Micron does not warrant the fitness for purpose or suitability of the Software for such third party's purposes and third parties may not rely on Micron for any purpose;
  • (c) you are responsible for authorising any person who is given access to your Data, and you agree that Micron has no obligation to provide any person or entity with access to such Data without authorisation from you and may refer any requests for access to the Data to you to address; and
  • (d) you will indemnify Micron, on first demand, against any and all claims, expenses, liabilities or losses arising out of or in connection with Micron's refusal to provide any persons with access to your Data in accordance with this Agreement and Micron making Data available to any person with authorisation from you.
• 7.5 You remain solely responsible for complying with all applicable laws. It is your responsibility to ensure that the storage of and access to your Data via the Site and the App comply with laws which are applicable to you, including any laws requiring you to retain records of your Data.
• 7.6 Each User must have their own safeguards and back up processes in place to recover from any failures or loss of Data which might occur whilst using the Services and protect the confidentiality of your and Users' Data with suitable management procedures, as you may see fit.

8. PROHIBITED USE

• 8.1 You acknowledge and agree that you and each User will not:
  • (a) use the Services in any manner that is illegal or violates any applicable law or regulation;
  • (b) attempt to circumvent or disable the Software or any technology features or measures in the Software by any means or in any manner;
  • (c) attempt to modify, copy, adapt or reproduce the Software except as necessary to use it for normal operation;
  • (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software;
  • (e) distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose the Software to any third party (except as permitted under this Agreement);
  • (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or used in connection with the Services;
  • (g) use the App, Site or Services in any manner to aid in the violation of any third party Intellectual Property, including but not limited to another's copyrights, trade secrets and patents;
  • (h) take any action that interferes in any manner with Micron's rights with respect to the App, Site or Services;
  • (i) attempt to undermine the security or integrity of Micron's computing systems or where the Software, App, Site or any and all part of the Services is hosted by a third party, that third party's computing systems and networks;
  • (j) use, or misuse, the App, Site or Services in any way which may impair the functionality of the App, Site or Services or other systems used to deliver the Software or impair the ability of any other user to use the App, Site or Services;
  • (k) attempt to gain unauthorised access to any materials, other than those to which you have been given express permission to access, or to the computer system on which the Software is executed or Services provided; and
  • (l) transmit or input into the App, Site or Software any files that may damage any other person's Devices or software, content that may be offensive or material or Data in violation of any law (including any content protected by copyright or trade secrets which you do not have the right to use).
• 8.2 Title, ownership rights and Intellectual Property rights in and to any content displayed on the App, Site or Services, or accessed through the App, Site or Services, are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.
• 8.3 You acknowledge that any breaches of this clause may lead to termination of this Agreement.

9. PRIVACY POLICY

• 9.1 Micron agrees to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines as amended from time to time. Micron's Privacy Policy is available on the Site and App.
• 9.2 You will be taken to have read the terms of the Privacy Policy when you accept the terms of this Agreement.

10. INTELLECTUAL PROPERTY

• 10.1 If you hold a current Subscription, Micron grants you a personal, non-exclusive, non-transferable, limited and revocable licence to use any reports or related materials containing your Data generated from the Services for your personal or non-commercial purpose. All other uses are prohibited unless you obtain Micron's prior written consent.
• 10.2 Title to, and all Intellectual Property rights in the App, Site or Services and any documentation relating to the Services remain the property of Micron and its successors and permitted assigns. Your right to use such Intellectual Property is subject to the terms of this Agreement.
• 10.3 You grant Micron a non-exclusive, worldwide, royalty-free, irrevocable license to use any Intellectual Property which subsists in any materials you provide in connection with a User's Account or otherwise make available via the App, Site or Services, including intellectual property rights, including copyright in any third party logos or other materials.
• 10.4 You grant Micron a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the Software and for any other purpose related to provision of Services to you and the performance of Micron's obligations under this Agreement.
• 10.5 It is your responsibility to maintain copies of all Data which are inputted into the Software. Although Micron will endeavour to prevent Data loss, as the Software operates as a cloud-based service, provided through third parties, Micron does not make any guarantees that there will be no loss of Data and does not represent or warrant that access to the Services, the Data or an Account will be available without interruption.
• 10.6 If the User enables third-party applications for use in conjunction with the Software, the User acknowledges that Micron may allow the providers of those third-party applications to access any inputted Data as required for the interoperation of such third-party applications with the Software. Micron is not responsible for any disclosure, modification or deletion of Data resulting from any such access by third-party application providers.

11. UPDATES AND AVAILABILITY OF SERVICES

• 11.1 Micron may issue updates to the Services (Updates) from time to time for the duration of this Agreement.
• 11.2 You acknowledge that Micron has no obligation to provide you with any support for Updates to the Software, as agreed in this Agreement. Micron may, from time to time, issue updated versions of the Software and the Software may automatically connect to Micron or third-party servers via the internet to check for available Updates to the Services. You consent to such automatic updating, and agree that the terms and conditions of this Agreement will apply to all such Updates.
• 11.3 Whilst Micron intends that access to the Software via the Site and the App should be available on a full-time basis, it is possible that the Site or the App is unavailable to due to maintenance or other development activity. Where possible, Micron will provide notice to you and Users of any maintenance or development activity in advance via email.

12. FEEDBACK AND DISPUTE RESOLUTION

• 12.1 Your feedback is important to Micron. Micron seeks to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact any member of Micron's staff or use the contact details at the end of this Agreement.
• 12.2 If there is a dispute between the Parties in relation to this Agreement, the Parties agree to the following dispute resolution procedure:
  • (a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  • (b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith to seek to resolve the dispute.
• 12.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under this Agreement, by law or in equity.

13. LIMITATION OF LIABILITY AND DISCLAIMERS

• 13.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), or similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by Micron to you which cannot be excluded, restricted or modified (Statutory Rights). If applicable, this Agreement must be read subject to such legislation and nothing in these Terms remove the applicable Statutory Rights.
• 13.2 You agree that Micron's liability for the Services provided via the App, Site or Services is governed solely by the ACL and this Agreement to the extent applicable. To the extent Statutory Rights apply and notwithstanding any provision of this Agreement, Micron limits its liability pursuant to such provisions: for any goods, to the replacement, repair or refund of the cost of goods; or for services, to the re-supply or the payment of the cost of having the services supplied again.
• 13.3 You acknowledge that whilst Micron will take reasonable steps to ensure that the Services will be fit for the purposes as advertised, Micron gives no guarantees that:
  • (a) the Services will meet your requirements as the functionality of the Software is dependent upon configuration with the end user system and other components;
  • (b) the App, Site or Services will work in each of your desired use case scenarios; and
  • (c) the App, Site or Services can be executed on every operating system, as it is impossible to test each variant.
• 13.4 The Services use third party hosting services which are provided without any sort of warranties, and Micron cannot ensure that these third party hosting services are provided free of defect or without interruption.
• 13.5 Micron does not warrant that use of the App, Site or Services will be uninterrupted or error free. The operation of the App, Site or Services is dependent on public telephone services, computer networks and the internet, which can be unpredictable and may from time to time interfere with the use of the Services. Micron accepts no responsibility for any such interference or prevention of your or a User's use of the Services.
• 13.6 You acknowledge and agree that while the information and materials provided on or via the App, Site or Services or otherwise provided to you by Micron is provided in good faith on an “as is” basis, Micron and its directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy, currency or completeness of the information in such materials or information generally contained or produced via the App, Site or Services. You are solely responsible for (and where applicable you must ensure each User understands they are responsible for) determining the suitability of any Services and you rely on and information provided to you through the App, Site or Services at your own risk.
• 13.7 Micron makes no representations regarding, and accepts no responsibility for, the suitability, accuracy or legality of any forms or results produced by the Services. Further, Micron assumes no obligation to notify you of any changes in the suitability, accuracy or legality of the forms or results produced by the Services.
• 13.8 All risk arising out of the use or performance of the Services remains with you. You understand and agree that the use of the Services, material or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network. Micron is not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Services, any third party software or operating system.
• 13.9 To the fullest extent permitted by applicable law, the Services and all material or work are provided to you without warranties of any kind and Micron disclaim all warranties, whether express or implied, including without limitation: any implied warranties of merchantability; fitness for a particular purpose; that the Services will not infringe third party intellectual property rights; the Services will be delivered without interruption; or that the Services will be free of any virus, bugs or other harmful component or defect or that such defect will be corrected from the Services.
• 13.10 You acknowledge that Micron may pursue any available equitable or other remedy against you as a result of your failure to ensure that each and every User complies with all provisions of this Agreement.
• 13.11 Micron or its licensors' liability for breach of any of its obligations under this Agreement for the Services, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid for the Subscription to use the Services. Micron's total liability to you for all damages in connection with the Services will not exceed the price paid by you under this Agreement for the Services. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. In no event will Micron or its licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of this Agreement or the use of or inability to use the Software, even if Micron has been advised of the possibility of such damages.

14. INDEMNITY

• 14.1 You will be liable for and agree to indemnify, defend and hold Micron harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
  • (a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  • (b) any breach of this Agreement;
  • (c) any misuse of the Services, from or by you, your employees, contractors or agents or a User;
  • (d) any breach of law, regulation or licence by you or a User;
  • (e) any claim brought by a third party including any User against a Party arising out of the App, Site or Services;
  • (f) any claim by any third party, including a User that:
  • i. the grant, or exercise of any licence, of any Intellectual Property rights under this Agreement; or
  • ii. the supply or use of the App, Site or Services, infringes the Intellectual Property rights of any person.
• 14.2 You agree to co-operate with Micron (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the App, Site or Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given to Micron.
• 14.3 The obligations under this clause will survive termination of this Agreement.

15. NOTICE

• 15.1 Any notice required or permitted to be given to you under this Agreement will be addressed to you at the email address provided by you on the Registration Form.
• 15.2 Any notice required or permitted to be given to Micron under this Agreement must be addressed to Micron using the contact details at the end of this Agreement.

16. RELATIONSHIP OF PARTIES

• 16.1 Neither Party is authorised to bind the other Party in any way without the prior written consent of the other Party.
• 16.2 The Parties acknowledge and agree that they will not seek to bind the other Party other than with the prior written consent of the other Party.

17. RIGHTS OF THIRD PARTIES

• 17.1 Any person or entity who is not a party to this Agreement has no right to benefit under or to enforce any of the terms of this Agreement.

18. ASSIGNMENT

• 18.1 This Agreement is personal to you. You must not assign or deal with the whole or any part of your rights and/or obligations under this Agreement without the prior written consent of Micron.
• 18.2 Any purported dealing in breach of this clause is of no effect.

19. WAIVER OR VARIATION OF RIGHTS

• 19.1 Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right.
• 19.2 A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.

20. POWERS, RIGHTS AND REMEDIES

• 20.1 Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.

21. FORCE MAJEURE

If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party's reasonable control (Force Majeure), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lock-outs and work stoppages. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party or its employees, officers, agents or affiliates.

22. CONSENTS AND APPROVALS

• 22.1 Where this Agreement provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in this Agreement, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.

23. FURTHER ASSURANCE

• 23.1 Each Party must from time to time and in a timely manner do all things reasonably required of it by another Party to give effect to this Agreement.

24. ENFORCEABILITY

• 24.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

25. ENTIRE AGREEMENT AND UNDERSTANDING

• 25.1 The date of this Agreement is the date that this Agreement is accepted by you.
• 25.2 In respect of the subject matter of this Agreement:
  • (a) this Agreement contains the entire understanding between the Parties; and
  • (b) all previous oral and written communications, representations, warranties or commitments are superseded by this Agreement and do not affect the interpretation or meaning of this Agreement.

26. GOVERNING LAW AND JURISDICTION

• 26.1 This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.

27. DEFINITIONS

Insolvency Event means the occurrence of any of the following events in which a Party:

• (a) is unable to pay its debts as they fall due;
• (b) makes or commences negotiations with a view to making a general rescheduling of its indebtedness, a general assignment, scheme or arrangement or composition with its creditors;
• (c) takes any corporate action or any steps are taken or legal proceedings are started for:
  • iii. its winding-up, dissolution, liquidation or re-organisation, other than to reconstruct or amalgamate while solvent on terms approved by the other Party (which approval will not be unreasonably withheld); or
  • iv. the appointment of a controller, receiver, administrator, office manager or trustee; or
• (d) seeks protection or is granted protection from its creditors, under any applicable legislation.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through this website mycompliance.me and any related websites, sub-domains and pages (Site) or directly from you, being the person, organisation or entity that uses our Site (referred to as you or your).

Please read this Privacy Policy carefully. Please contact us if you have any questions – our contact details are at the end of this Privacy Policy.

You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.

1. Collection of personal information

Personal information: The type of information we collect may include:

• • name;
• • contact details including email address, address and telephone number;
• • company information including your job position and industry;
• • payment information including credit card details;
• • demographic information such as postcode;
• • electronic data and other information you supply through our product and/or services including but not limited to our software;
• • analytics information including IP address, browser type, internet service provider, URLs of referring/exit pages, operating system, date and time stamp, pages you access, device type, your mobile carrier and system configuration information;
• • preferences and opinions; and
• • any other information requested on this Site or otherwise requested by us or provided by you.

Your use of our Site: As with most online businesses, we may log information about your access and use of our Site, product, services and software, including through your IP address, the use of Internet cookies, your communications with our Site, product or services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

Your opinion and feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.

If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

2. Collection and use of personal information

We collect and use the information for purposes including:

• • to provide our software, products and/or services to you;
• • to contact and communicate with you;
• • to provide customer support and troubleshooting purposes;
• • for internal record keeping;
• • for market research and business development including website development;
• • for marketing including direct marketing;
• • to run competitions or offer additional benefits to you; and
• • to send you promotional information about third parties that we think may be of interest to you.

3. Disclosure of personal information to third parties

We may disclose personal information to:

• • credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them;
• • courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
• • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia.

Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.

4. Your rights and controlling your personal information

Choice and consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for these purposes.

Your provision of third party information: If you provide us with third party personal information then you warrant to us that you have the third party's consent to provide this.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us using the details below.

5. Storage and Security

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6. Cookies & Web Beacons

We may use cookies on this Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the visitors' behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

7. Links to other websites

Our Site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

8. Amendments

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our Site following any amendments indicates that you accept the amendments. You should check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.

These USER Terms and Conditions (Terms) govern your use of the MyCompliance platform (Platform). Access or use of this Platform constitutes acceptance of these Terms, as may be revised by Micron Electronical Services Pty Limited (ABN 88 082 435 470) (Micron) from time to time, which constitute a binding agreement between you and Micron governing your use of this Platform.

By downloading, installing, accessing or using this Platform, you acknowledge you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access and use this Platform immediately.

The Platform is owned by Micron and the terms we, us, our refer to Micron. The terms you and your refer to users of the Platform including but not limited to each contractor submitting reports via the Platform (each a User).

1. Eligibility and Basis of Use

• (a) The Platform may only be used by individuals aged eighteen (18) years or older.
• (b) Using the Platform may be prohibited or restricted in certain countries. If you use the Platform outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform.

2. Additional Terms and Conditions

Use of the Platform may be subject to third party terms including:

the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein (Apple Terms); and

• (a) the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).

If any of the provisions of the Apple Terms, the Android Terms or any applicable Micron policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Platform.

3. Registration

• (a) Access to the Platform will require each User to provide the information as requested on the Platform (Account).
• (b) Basic information is required when registering for an Account. Each User is required to provide certain information including name and email address.
• (c) A User with an Account may access and use some features of the Platform. A User must register for an Account and purchase a token to access all functionalities on the Platform and upload reports.
• (d) Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Micron reserves the right to suspend or terminate any Account and a User's access to the Platform if any information provided to Micron proves to be inaccurate, not current or incomplete.
• (e) It is the User's responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. The User will change its password regularly.
• (f) The User will immediately notify Micron of any unauthorised use of its Account.

4. Copyright and Intellectual Property

• (a) Our Platform contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the Platform. Micron, the Micron logo, and other Micron material used in connection with the Platform are unregistered or registered trademarks of Micron (collectively Micron Marks).
• (b) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Micron Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Micron (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and Platform; trade, business company or organisation names; internet domain names; and Content, images and layout.
• (c) You agree that, as between you and us, we own all Intellectual Property rights in the Platform, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Platform. The Platform is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Micron or the owner of the Content.
• (d) Other trademarks, service marks, graphics and logos used in connection with the Platform are the trademarks of their respective owners (collectively Third Party Marks).
• (e) The Intellectual Property, Micron Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Micron or the applicable trademark holder.
• (f) Users do not obtain any interest or licence in the Intellectual Property, Micron Marks or Third Party Marks without the prior written permission of Micron or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

5. User Licence

• (a) Subject to these Terms, Micron grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Platform for your own personal and/or non-commercial use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Platform in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
• (b) The right to use the Platform is licensed to you and is not being sold to you. You have no rights in the Platform other than to use it in accordance with these Terms.
• (c) These Terms and User Licence govern any updates to, or supplements or replacements for, this Platform, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

6. User Warranties

• (a) By using our Platform, you warrant that you possess the legal capability and authority to enter into the Terms and to use the Platform in accordance with the Terms; you are at least 18 years old; any registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and your use of our Platform does not violate any applicable law or regulation.
• (b) As a condition of your use of our Platform, you agree to abide by the Terms; not to provide the Platform to any third party; that Micron has the right to refuse you any and all current or future use of the Platform and that Micron reserves the right to include or exclude entry to, or remove a User from the Platform.

7. Online Payment

• (a) If a User requests to purchase token(s), they agree to pay the fees as set out on the Platform at the time of such request. Such User must pay the applicable fee using the payment method as set out on the Platform. Payment will be processed upon receipt of a request for token(s).
• (b) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel their purchase for any reason and further the User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out below.
• (c) If the User makes a payment by credit card, they warrant that the information provided to Micron is true and complete, that the User are authorised to use the credit card to make the payment, that the User’s payment will be honoured by their card issuer, and that they will maintain sufficient funds in their account to cover the purchase price.
• (d) Nothing prevents Micron from taking any action necessary to recover any unpaid purchase price. If the User fails to pay, their request for tokens will not be processed.
• (e) Our pricing structure or payment methods may be amended from time to time in our sole discretion.

8. User Information and Security

• (a) The Platform may require the transmission of information provided by the User including User names and passwords, addresses and e-mail addresses (such as credit card numbers) (User Information).
• (b) If the User uses such Platform functionality, the User consents to the transmission of User Information to Micron, its agents and/or service providers and authorises Micron, its agents and/or service providers to record, process and store such User Information as necessary for the Platform functionality and for purposes described in our Privacy Policy on our Website.
• (c) User Information is stored securely on a server and is subject to our third party cloud service provider’s security and privacy policies. If we are aware of a breach of security, we will notify affected users and we will cooperate with authorities regarding the breach.
• (d) The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the Platform, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
• (e) The User agrees to immediately notify us of any unauthorized transactions or breach of security associated with the Platform. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Platform.
• (f) In connection with any content or reports uploaded via the Platform (Reports), you warrant that you own or have the necessary licences, rights, consents, and permissions to use, and you authorise Micron to use, copyright or other proprietary rights in and to any and all Reports to enable inclusion and use of the reports in the manner contemplated by the Platform and these Terms.
• (g) By submitting the Reports to the Platform, you hereby grant Micron a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of or display the Reports in connection with the Platform and Micron’s (and its successor's) business.
• (h) Micron does not endorse any Reports or any opinion, recommendation, or advice expressed therein, and Micron expressly disclaims any and all liability in connection with the Reports.
• (i) You are solely responsible for the Reports and other information that you submit.

9. Acceptable Use and Prohibited Use

Use by the User of the Platform and any Content and User Information transmitted in connection with the Platform is limited to the contemplated functionality. The User agrees that his or her use of the Platform and any Content, Status Submissions and Private Posts must comply with these Terms and the Micron Policies. In no event may the Platform be used in a manner that:

• (a) harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
• (b) is unlawful, fraudulent or deceptive;
• (c) uses technology or other means to access the Platform, Website or Content that is not authorized by us;
• (d) uses or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the Platform, Website or Content;
• (e) attempts to or tampers with, hinder or modify the Platform, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Platform including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Platform;
• (f) attempts to gain unauthorised access to our computer network or user accounts;
• (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• (h) violates these Terms;
• (i) attempts to damage, disable, overburden, or impair our servers or networks;
• (j) fails to comply with applicable third party Terms; or
• (k) facilitates or assists another person to do any of the above acts.

Any use of the Platform in any other manner, including, without limitation, resale, transfer, modification or distribution of the Platform or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Platform (Content) is prohibited. You must not:

• (a) post, upload, publish, submit or transmit any Content that:
  • i. infringes, misappropriates or violates a third party’s copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
  • ii. denigrates Micron or the Platform;
  • iii. contains videos, images or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);
  • iv. is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • v. is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
  • vi. promotes illegal or harmful activities or substances.
• (b) print, publish, modify, link to or distribute any Content from the Platform or any other documentation that we provide to you, unless we have authorised you in writing;
• (c) breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our Platform; alter or modify any of the code or the material on the Platform;
• (d) cause any of the Platform to be framed or embedded in another website;
• (e) use the Platform for commercial purposes;
• (f) collect or harvest any personally identifiable information, including phone number, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation or spam purposes;
• (g) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Platform; or
• (h) facilitate or assist another person to do any of the above acts.

We reserve the right, in our sole discretion, to terminate any User Licence, remove Content or assert legal action with respect to Content or use of the Platform, that we reasonably believes is or might be in violation of these Terms or Micron Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

Upon termination of the Terms, we have no further obligation to you, and may cease to provide the Platform to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.

10. Consumer Guarantee

• (a) If you are a Consumer as defined under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), the Platform comes with consumer guarantees under the ACL that cannot be excluded, restricted or modified. Similar consumer protection laws and regulations in other countries may provide Users with similar guarantees.

11. Disclaimers

• (a) We provide the Platform to the User as is, and the User is using the Platform at his or her own risk.
• (b) To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Platform is merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Platform by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the Platform (including as part of online payment) will be successfully, accurately or securely transmitted.
• (c) We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the Platform, technical accessibility, fitness or flawlessness of the Platform, or that your use of the Platform will not infringe rights of third parties.

12. Limitation of Liability

• (a) As a condition of using the Platform, and in consideration of the Platform provided by Micron, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall Micron and its parent or related bodies corporate (i) be liable to the User or any third party with respect to use of the Platform, including without limitation participation in online payment; and (ii) be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of User Information, the inability to use the Platform or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
  • i. the use of the Platform by you, including but not limited to damages resulting from or arising from your reliance on the Platform, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the Platform;
  • ii. any unauthorised access to or use of our secure servers and /or any personal information or financial information stored therein;
  • iii. any errors or omissions in any Content posted, emailed, transmitted or otherwise made available or any offensive , defamatory or illegal Content;
  • iv. the disclosure of any of your information;
  • v. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
  • vi. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
• (b) To the fullest extent allowable under applicable law, the User’s sole remedy is to cease use of the Platform or to cease participation in online payment.
• (c) To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of Micron and its parent or other affiliated companies to a User, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Platform, is the amount that the User pays, if any, to Micron for access to or use of the Platform during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
• (d) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Micron.

13. Indemnification

• (a) By using the Platform, you agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Platform; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
• (b) We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
• (c) This defence and indemnification obligation will survive these Terms and your use of the Platform. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

14. General

Amendments: Micron reserves the right to amend, change or modify these Terms or any other Micron Policies related to use of the Platform at any time and at its sole discretion by posting revisions on the Website. Continued use of the Platform following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our Platform.

Governing Law and Jurisdiction: This Platform is governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.

Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.

Disputes: You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.

Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.

Termination: The Terms 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 and limitations of liability set out in the Terms will survive.