TERMS AND CONDITIONS
OF USE

Welcome to Mission Fox, a website owned and operated by [Belongil Times Pty Ltd] (ACN [601 184 963]) (us, we, or our).  We operate [Mission Fox) (Service) delivered through the Site.  We set out below the terms and conditions of your use of, and access to, the Service and the Site.  Please read these terms and conditions carefully as they impose rules, obligations and other responsibilities on you in respect of the Service and the Site.

1. Acknowledgments

1.1  You agree that by using or otherwise accessing (Using, Use or Uses) the Service and the Site you agree to be bound by these terms and conditions (Terms).  If you are Using the Service and the Site on behalf an anyone else, you warrant that you are properly authorised to bind such persons to these Terms.  If you or persons you represent do not wish to be bound by these Terms, you or the persons you represent must not Use the Service or the Site.  You agree to ensure that any person who Uses the Service or the Site on your behalf abides by these Terms.

1.2  You agree that we provide Use of the Service and the Site to you subject to these Terms.  We reserve the right to change these Terms at any time by publishing changes or new terms or conditions on the Site (Modifications).  Any Modifications will be made available [insert link].  Your Use of the Service and the Site after we make any Modifications available in this manner constitutes your acceptance of those Modifications.  Once a Modification is made available pursuant to these Terms, that Modification will form part of these Terms.

2. The Service

The Service is Mission Fox is a search engine for aspirations and practical objectives.  Users can collect aspirations for personal use, share with friends, or broadcast aspirations to the wider world for fulfilment. In consideration of our provision of the Service to you, you agree to comply with these Terms (including clause 6.3).  We may, but are not required to, remove, edit or monitor any content in the Service or on the Site from time to time.

 

3. Disclaimer

3.1 We acknowledge that there may be certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law and other legislation relating to the supply of goods and services under these Terms which those laws expressly provide may not be excluded, restricted or modified (Statutory Obligations).  Nothing in these Terms excludes, restricts or otherwise modifies the Statutory Obligations.

3.2  Subject to the Statutory Obligations:

3.2.1  the Service and the Site is provided ‘as is’ and without any guarantee, warranty or condition, either express or implied, including in respect of non-infringement of Intellectual Property Rights, merchantability and fitness for a particular purpose;

3.2.2  we do not guarantee, represent or warrant that the information, or any advice, opinion, statement or representation contained in or accessible through the Service and the Site is accurate, fit for your purposes or without errors or omissions;

3.2.3   we do not guarantee, represent or warrant that the Service and the Site is virus, worm, defect or Trojan horse free; and

3.2.4  it is your responsibility to secure your own systems and your access to the Service and the Site.

3.3  You acknowledge that your Use of the Service and the Site may be interfered with by numerous factors outside of our control.

3.4  Unless expressly provided by us, should you rely on any materials, data or other information provided or otherwise made available in or through the Service and the Site for any reason you do so at your own risk.

3.5  We make no guarantees, representations or warranties on behalf of, and accept no responsibility for:

3.5.1  services made available in or through the Service and the Site by people other than us; or

3.5.2 websites operated or controlled by people other than us and which websites are or may become linked or framed to or from the Service and the Site.

4.  registration and security

4.1  In order to Use the Service you must become registered.  In order to register you must complete all the details using the app in accordance with the instructions on the Site.  We reserve the right to refuse to register any person without giving reasons for such refusal.

4.2 Upon our acceptance of your registration to Use the Service in accordance with clause 4.1, you will be issued with a user account.

4.3  Use of the Service is password protected.  You must memorise your password and store your password in a safe and secure place.  You agree that you will not disclose your password or allow your password to be used by any person who is not authorised pursuant to these Terms to access or use your password and you are responsible and liable to us for any Use of the Service and the Site by anyone using your password.  We accept no responsibility for breaches of security or unauthorised access to the Service and the Site.

5.  restrictions on use and access

5.1  You warrant that each time you Use the Service and the Site, you will not:

5.1.1  act in violation of these Terms or any applicable laws;

5.1.2  violate the rights of any person (including us), including trade secrets, privacy rights, confidentiality, Intellectual Property Rights and other rights;

5.1.3  Use the Service and the Site in any manner which is (in our opinion) not reasonable and/or not in accordance with the purposes for which it is made available to you;

5.1.4  use the Service and the Site (directly or indirectly) for any activity which is obscene, indecent or offensive and/or which defames, abuses, harasses, stalks, threatens, menaces or offends any person;

5.1.5  use any device, software, process or means to access, retrieve, scrape or index any content on or from the Service and the Site or interfere, or attempt to interfere, with the proper working of the Service and the Site;

5.1.6  pose as any person or attempt to solicit money, passwords or Personal Information from any person or gain access, or attempt to gain access, to any secured portion of the Service and the Site to which you do not possess express access rights;

5.1.7  reproduce, republish, retransmit, modify, adapt, distribute or redistribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service and the Site or any content on the Service and the Site, except as expressly authorised by us; and/or

5.1.8  transmit, or attempt to transmit, any computer viruses, worms, defects, Trojan horses or other items of a destructive nature that do, or are designed to, interrupt, destroy, change or limit the functionality of the Service and the Site or any other computer software, hardware or other electronic equipment or information which in any way impinges on another user’s use or enjoyment of the Service and the Site, or otherwise breaches, or encourages other users to breach, these Terms.

5.2  We may exercise whatever means we deem necessary to prevent any unauthorised Use of the Service and the Site (including any Use contrary to these Terms), including by blocking, changing or removing any content (including your Content), instituting technological barriers or reporting your conduct to any person.

6.  Intellectual property RIGHTS

6.1  All Intellectual Property Rights in the Service and the Site are owned by or licensed to us, unless otherwise expressly notified by us.

6.2  You warrant that you own or have a licence to all Intellectual Property Rights in all data, information and other content provided or otherwise made available by you through your Use of the Service and the Site (Content).

6.3  You grant to us a perpetual, world-wide, irrevocable, royalty-free, non-exclusive and fully sub-licensable licence to use, copy, distribute, modify and otherwise exercise all Intellectual Property Rights in any of the Content, in whatever form, for any purpose.

6.4  You warrant that we may deal with all Content in any manner authorised by these Terms and our Privacy Policy (notwithstanding any Moral Rights any person may have in any Content) and that you have properly obtained all required consents, authorisations and other permissions required by law, regulation, agreement or otherwise, from any person such as may be required for you to properly provide us with Content for our use in accordance with these Terms (including clause 6.3).

7. Use of data

7.1  Without limiting clause 6.4, if you provide Content or other information to us or into the Service and the Site which contains Personal Information then, without limiting any of your obligations to us, you warrant that:

7.1.1  the Personal Information has been collected in accordance with the Privacy Law;

7.1.2   we are authorised (either by consent or otherwise by Privacy Law) to collect the Personal Information from you and use the Personal Information in accordance with these Terms and our Privacy Policy; and

7.1.3  you have informed all relevant individuals that you will be providing their Personal Information to us, provided our Privacy Policy to them and obtained their consent to us collecting, holding, using and disclosing their Personal Information in accordance with our Privacy Policy.

7.2  We do not guarantee any back-up or other storage of any Content and, other than as required by the Privacy Law, we are not required to make any Content available to any person.

8.  limitation of liability and indemnity

8.1  To the maximum extent permitted by law but subject to the Statutory Obligations, neither we nor any of our officers, employees, principals or contractors have any liability to you in contract, tort, statute or in any other way (whether arising from negligence or otherwise) for any damage or loss of any kind whatsoever (including any liability for direct, indirect, special or consequential loss, or loss of profits, loss of revenue or business opportunities, costs, charges or expenses) sustained by you for any reason, including your Use of the Service and the Site.

8.2  You at all times indemnify and will continue to indemnify, hold harmless and defend us and our officers, employees, principals and contractors (in this clause referred to as “those indemnified”) against all losses, whether direct or indirect, including all liabilities, damages, costs and expenses (including all legal costs determined on a full indemnity basis), suffered or incurred by any of those indemnified arising out of or in connection with your Use of the Service and the Site and your provision of Content (including any Personal Information) to us.  To the extent that the indemnity in this clause refers to persons other than us, we hold this indemnity on trust for those other persons.

8.3  If requested to do so by us, you, at your own expense, will defend any action brought against those indemnified in respect of the indemnity given in clause 8.2.  If we request you to defend any such action, you must do so in accordance with any conditions imposed, and directions given, by us.

9. Stopping your use of the service

You may terminate your Use of the Service at any time by contacting Mission Fox and submitting your request.  We reserve the right to terminate, temporarily block, suspend or otherwise deny your Use of the Service and the Site at any time and for any reason and, subject to the Statutory Obligations, at no cost or liability to you.

10. Governing law

These Terms are governed by the law of Victoria.  You agree to submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.  You agree that you will not object to the exercise of jurisdiction by those courts on any basis

11. Survival

All provisions of these Terms relating to limitation of our liability, warranties and indemnities provided by you, Intellectual Property Rights, security, privacy and confidentiality obligations and the provisions of clause 12 shall survive termination or expiry of these Terms for any reason.

12. General terms

12.1  These Terms, which for the avoidance of doubt include Modifications made pursuant to these Terms, contain everything that we and you have agreed in relation to the subject matter these Terms deal with.  You cannot rely on an earlier written document or anything said or done by or on behalf of us that are not contained in these Terms.

12.2  In the interpretation of these Terms, the following applies unless the context otherwise requires:

12.2.1  headings are inserted for convenience only and do not affect the interpretation of these Terms;

12.2.2   a reference in these Terms to any law, legislation, legislative provision, statute, regulation or code includes any statutory modification, amendment or re–enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision, and any re-statement of a code;

12.2.3  an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency; and

12.2.4   a reference to the word “include” or “including” is to be interpreted without limitation.

12.3  We may give or withhold an approval or consent, or exercise a discretion, in our sole and absolute discretion and subject to any conditions determined by us.

12.4  Each provision of these Terms is individually severable.  If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from these Terms in the relevant jurisdiction, but the rest of these Terms will not be affected.   The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

12.5   No term or condition of these Terms will be construed adversely to us solely on the ground that we were responsible for the preparation of these Terms or that provision.

12.6  A waiver of any right, power or remedy under these Terms by us must be in writing signed by us.  A waiver by us only affects the particular obligation or breach for which it is given, and it is not an implied waiver of any other obligation or breach or an implied waiver of that obligation or breach on any other occasion.  The fact that we fail to do, or delay in doing, something that we are entitled to do under these Terms does not amount to a waiver by us.

12.7  In these Terms, the following definitions apply:

Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied under Subdivision A of Division 2 of Part XI of that Act.

Content” has the meaning given to that term in clause 6.2.

Intellectual Property Rights” means all intellectual property rights at any time recognised by law, including:

  • patents, copyright (including future copyright), circuit layout rights, designs, trademarks, business names, whether registered or not, trade secrets, know–how and other intellectual property rights but not including Moral Rights; and
  • any application or right to apply for registration of any of the rights referred to in paragraph (a).

Modifications” has the meaning given to that term in clause 1.2.

Moral Rights” has the meaning given to that term in the Copyright Act 1968 (Cth).

Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).

Privacy Law” means the Privacy Act 1988 (Cth) and any other applicable Australian State or Federal legislation, statutory instruments and any other enforceable codes or guidelines regulating the collection, use and disclosure of Personal Information that applies to either of the parties or to these Terms.

Privacy Policy” means our privacy policy available [insert link].

Service” has the meaning given to that term at the beginning of these Terms.

Site” has the meaning given to that term at the beginning of these Terms.

Statutory Obligations” has the meaning given to that term in clause 3.

Terms” has the meaning given to that term in clause 1.1.

Use“, “Uses” and “Using” has the meaning given to that term in clause 1.1.