Please be advised that this agreement includes an auto-renewal payment provision.
Our Content (as that term is defined below) is provided on an auto-renewal annual subscription service basis, and is provided through our Services. Every year on the calendar anniversary date of your subscription (based upon the date on which you initially signed up, and paid for, our Services), the auto-renewal will apply automatically and charge you for the following year of your subscription to our Content.
Mighty Cares Training Pty Ltd (ABN 35 681 087 203) (defined herein as ‘We’, ‘Us’ or ‘Our’) is the supplier of the following interactive and educational products and services made available in Australia, from time to time:
(collectively, our “Services”)
Users (or “You” or “Customer”) of our Services agree to be bound by these terms and conditions (“Terms”). If you do not agree to the terms and conditions of this agreement, you are not permitted to use the Service. Please promptly exit this page and do not use Our Services or subscribe for any of the content contained within it. Any reference to the term Services will relate to the version of the Services that you have validly downloaded, on your relevant and applicable device.
2.1 Subscription. When you subscribe to access Our Content (“Subscription”), you purchase a Subscription for a specified period of time which is displayed at the time of purchase (“Subscription Period”). All fees for any and all Subscription(s) relating to shall be governed by the terms herein.
2.2 Access and Use. During the Subscription Period and subject to the terms and conditions herein, Customer may access and use the Services, solely in accordance with the terms of this Agreement. For the avoidance of doubt, the Company grants the Customer a limited, non-exclusive, non- transferable, non-sublicensable, royalty-free and revocable licence to use the Services in accordance with the terms herein, for the duration of the Subscription Period (“Limited Software Service License”).
2.3 User Accounts. Customer is solely responsible for all actions on accounts and its compliance with this Agreement. Customer must protect the confidentiality of their passwords and login credentials and must not share these details with any other third parties. Customer will promptly notify Company if it suspects or knows of any fraudulent activity with its accounts, passwords, or credentials, or if they become compromised.
2.4 Feedback and Usage Data. Customer may, but is not required to, give Us Feedback, in which case Customer gives Feedback “AS IS”. Company may use all Feedback freely without any restriction or obligation. If the Customer provides the Company with any Feedback, the Customer actively assigns for one dollar ($1.00), acknowledged as paid and received by the Company, all rights, title and interest in the Feedback (inclusive of copyright), to the Company for it to use absolutely, in any territory and without any further consideration or notification to the Customer. In addition, Company may collect and analyse User data, and Company may freely use Usage Data to maintain, improve, and enhance Company’s products and services without any restriction or obligation, except as otherwise prohibited by the Australian Privacy Act 1988 (Cth). However, Company may only share Usage Data with third-parties if the Usage Data is aggregated and appropriately de-identified, specifically, it does not identify the Customer or any Users, and in accordance with its Privacy Policy.
3.1 Restrictions on Customer Use:
Your use of Our Services is subject to all relevant and applicable local, state, national laws, by-laws, codes and regulations. By accessing and using Our Services or any of its contents and functions, you agree to be bound by the relevant and applicable laws to you. In addition, you acknowledge and agree that your licence(s) to use Our Services are subject to the following limitations (Licence Limitations):
a. Exploiting Our Services commercially;
b. use Our Services to harm, threaten, or harass anyone (including Us and Our employees, officers and directors);
c. use Our Services in any manner or for any purpose other than as expressly permitted bythe Terms, the Licenses and the information available on our websites;
d. violate the terms of our privacy policy listed at: https://mightycares.com.au/privacy-policy
e. share passwords or other access information or devices or otherwise authorize any third party to access or use Our Services;
f. translate, reverse engineer, decompile, derive source code, modify, create derivative works or disassemble Our Services or the content within it or merge all or any part of the either with another application, program or service (including software and other applications utilising artificial intelligence);
g. create, develop, modify, make available, distribute, host, promote, advertise, or use any software programs to break, interfere with or modify (including mod) Our Services or any part thereof;
h. remove or alter any copyright, trademark or other proprietary rights notices contained in any of Our content (including but not limited to Our Services);
i. unlawfully copy, reproduce or create derivative works based on any part of Our Services or any of the content within it, or create a competing version of Our Services based on the information that you may gain from using Our Services;
j. use Our Services or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations; and
k. use Our Services for any content creation purposes, including live streaming, without agreeing our explicit prior written consent.
Any use of Our Services in violation, contravention or breach of these Licence Limitations is a serious and material violation of these Terms, and may result in an immediate suspension, or termination, of your Subscription, and/or access to Our Services as outlined in Clause 9 herein. Further, We may take any further actions and impose any restrictions in relation to your use and access of Our Services that we deem necessary if you violate any of these terms, engage in any other illegal or inappropriate conduct, all without prior notice or warning.
4.1 Privacy Policy. We recognise the importance of your privacy and understand the concerns surrounding security of personal information. To view Our privacy policy relating to the use of Our Services, please visit: https://mightycares.com.au/privacy-policy.
4.2 Providing Personal Information. You acknowledge and agree that you will only provide ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), that solely relates to you, and no other individual. You undertake not to provide, share or use, any ‘personal information’ relating to any third-party, to Us.
4.3 Controller. You warrant, represent and agree that you are the ‘controller’ (as that term is commonly understood in the digital and cyber-space industries) of any and all personal information, data or information you supply to Us.
5.1 Auto-Renewal. Your Subscription will automatically renew at the end of each Subscription Period for a further Subscription Period, unless you cancel your Subscription. You may cancel your Subscription through the Services at any time prior to your renewal date.
5.2 Cancellation of Subscription. Cancellation of your auto-renewal will only be effective at the end of the then current Subscription Period, and you will continue to have access to the relevant Content until the end of the relevant Subscription Period. No pro-rata refunds will be provided to customers that cancel during a Subscription Period.
6.1 Payment. Payment for the Subscription will be notified to the Customer at the time of purchasing the Subscription, and all fees for the Subscription shall be required to be paid prior to the Customer receiving access to the Content, in clear and full funds.
6.2 Suspension of Services. We reserve the right to suspend the Customer’s access to our Services and/or Content where payment for any Subscription Period has not been cleared, actually received, or has been charged back.
6.3 Authorisation. Unless you cancel your Subscription before the end of the Subscription Period, you authorise us to charge to your registered payment method in your Services account the subscription fee for the Subscription in advance of each Subscription Period. If you choose to pay via a third party biller, this fee will be charged by that third party biller (if any, and where applicable).
8.1 Except to the extent permitted by law, Our Services, and the Content of Our Services are provided on an “as is” basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability, or fitness for a particular purpose. You assume all responsibility and risk for the use of Our Services, and to the fullest extent permissible by law,
We disclaim all liability for any loss, injury or damage resulting from your use of Our Services, whether direct or indirect. For the avoidance of doubt, nothing in this clause, or this Agreement, is intended to exclude, restrict, modify, remove or have the effect of excluding, restricting or modifying, the application of any applicable laws in either Australia (i.e., specifically, under Division 1 of Part 3-2 of the Australian Consumer Law subsisting in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or New Zealand (i.e., the Nez Zealand Consumer Guarantees Act 1993) that cannot be excluded, restricted or modified by agreement.
8.2 Subject to the Competition and Consumer Act 2010 (Cth), in no event will We have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss associated with Our Services. Our total aggregate liability with respect to Our obligations under this agreement or otherwise with respect to Our Services will not exceed the actual price paid for the license to use Our Services. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.8. IndemnityYou agree to indemnify and hold harmless Us, and Our subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of Our Services, violation of this Agreement (including but not limited to any of the conditions listed at Clauses 3) or any other actions connected with use of any Content within or ancillary to Our Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
We may terminate the Subscription and Limited Software Service License granted to you under this Agreement and/or suspend your use (or access) of Our Content (and Services), without giving you any prior notice if you materially violate (or breach) this Agreement. We may also terminate the Subscription and/or Limited Software Service License granted to you under this Agreement if we have any other valid reason to do so (for example, ceasing an online service for economic reasons), or of the reasonable belief that you have contravened the License Limitations. Upon termination you must immediately cease using Our Services and any content within them.
10.1 Entire Agreement. This agreement is the entire agreement, understanding and exhaustive statement of the terms between you and Us with respect to the subject matter hereof, and supersedes any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
10.2 Variation to Terms. We reserve the right to amend and/or modify this Agreement at any time, and by any means, including without limitation by positing the modifications to Our website: https://mightycares.com.au and/or requiring you to click “accept”. Your continued use of Our Services constitutes your acceptance of any modifications to this Agreement. If any future amendments or modifications are unacceptable to you or cause you to no longer comply with this Agreement, you must terminate, and immediately stop using and interacting with, Our Services and Content.
10.3 Updates. We may update Our Services without notifying you. You acknowledge that you may need to update third party software from time to time in order to effectively continue to use Our Services and access Our Content.
The following clauses shall survive termination of this Agreement, expiration or cancellation of the Subscription Period: 2, 3, 4, 5, 7, 8. 9, 10, 12, 13.12. Dispute resolution
12.1 Dispute. Under this Agreement or in connection with Our Services and/or Content, a “Dispute” means any dispute, challenge, claim, or controversy you and Us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of Our Services, all Content within Our Services, any licensed content, and all matters relating to or arising from this Agreement, including any disputes over the validity or enforceability of this agreement to arbitrate.
12.2 Internal Dispute Resolution. Our customer support team is available at hello@mightyserious.com to address any questions, concerns or complaints in relation to Our Services or this Agreement. We aim to address and resolve all concerns to our customers’ satisfaction, and within a reasonable timeframe. To reduce any costs and ensure all Dispute(s) (if any) are addressed (and resolved) in a timely manner, You and Us acknowledge and agree to first attempt to resolve any Dispute informally for at least thirty (30) days prior to instituting or initiating any arbitration or legal proceeding, from the first date written notice was served upon Us (“Internal Dispute Period”). You and Us agree to use our individual and collective best efforts to address and resolve any Dispute through direct consultation and with good faith. Upon the Internal Dispute Period concluding and if a Dispute remains, either party may take further action necessary in accordance with the terms of this Agreement. You acknowledge and agree that if the Internal Dispute Period has not be completed, any initiated (or pre-emptive) action or arbitration will be suspended until such Internal Dispute Period is completed.
13.1 Governing Law. This Agreement, including any dispute or claim arising from it (or in connection with Our Services and Content), will be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to be bound by the laws of that state and submit to the exclusive jurisdiction of that State, including any Courts that are entitled to hear appeals.
13.2 Waiver. You agree to waive any jurisdictional, venue or inconvenient forum objections (or right to challenge) (except either party’s rights to remove a case to federal court if permissible), as well as any right to a trial by jury. You acknowledge and agree that The Convention on Contracts for the International Sale of Goods will not apply to this Agreement and Our Services. To the maximum extent permissible by any applicable law, you acknowledge and agree that any law, regulation, doctrine or rule which enables that the language of a contract to be construed against the party who has drafted or proposed said terms or contract, will not apply to this Agreement.