Terms & Conditions
Please read the following terms and conditions carefully
By accessing or otherwise using this website (Website), you agree to be bound by these Terms and Conditions of Use. This Website is owned and operated by www.mightysocialword.com (ABN: 42 823 108 794) (www.mightysocialword.com, we, us, our, its). You acknowledge that www.mightysocialword.com provides access to the Website to you subject to these Terms and Conditions of Use.
Products and Services
Parts of this Website may enable you to purchase products (Products), submit or upload content (such as reader comments) (User Content) or subscribe to a data service (a Service). You cannot purchase any Product, submit any User Content or subscribe to any Service available on this Website until you are a registered as a subscriber to this Website.
Unless otherwise indicated, all intellectual property in the Website is owned or licensed by www.mightysocialword.com. Subject to these Terms and Conditions of Use, Mighty Social Word grants you a non-exclusive, non-transferable, limited licence to view, download and use information directly accessible through the Website (Licence).
You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will embarrass, defame, offend, or infringe on the intellectual property or other rights of Mighty Social Word or any other person.
Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of www.mightysocialword.com or third party owners. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of www.mightysocialword.com. Any unauthorised uses of the Marks are strictly prohibited.
Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
www.mightysocialword.com does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. www.mightysocialword.com does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of www.mightysocialword.com’s control. www.mightysocialword.com does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website. Subject to the provisions of the Competition and Consumer Act 2010 (Cth), www.mightysocialword.com makes no guarantees, representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). www.mightysocialword.com makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than www.mightysocialword.com which are or may become linked or framed to or from the Website.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.mightysocialword.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users, international users or domestic users, then you are a competitor of www.mightysocialword.com. www.mightysocialword.com expressly excludes and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.mightysocialword.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such non-permitted and improper use. www.mightysocialword.com reserves the right to exclude and deny any person access to our website, services or information at our sole discretion.
These terms and conditions represent the whole agreement between you and www.mightysocialword.com concerning your use and access to www.mightysocialword.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and www.mightysocialword.com that results in litigation then you must submit to the jurisdiction of the courts of VIC.
Limitation of Liability
You agree that, to the maximum extent permitted by law, www.mightysocialword.com is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
- a) the use of the Website;
- b) the use by www.mightysocialword.com of information provided by you to www.mightysocialword.com through the Website;
- c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
- d) the use of your Website password by you or any third party to whom you have made the password available.
Subject to the Competition and Consumer Act 2010, www.mightysocialword.com expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at www.mightysocialword.com’s sole discretion):
- a) in the case of goods, any one or more of the following:
- i) the replacement of the goods or supply of equivalent goods;
- ii) the repair of the goods;
iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- iv) the payment of the costs of having the goods repaired; and
- b) in the case of services:
- i) the supply of the services again; or
- ii) the payment of the cost of having the services supplied again.
You indemnify www.mightysocialword.com against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by www.mightysocialword.com, arising from, or which is directly or indirectly, related to:
- a) your breach or non-observance of any term of these Terms and Conditions of Use; or
- b) any breach or inaccuracy in any representations or warranties made to Mighty Social Word.
Terminating your Relationship with Mighty Social Word
These Terms and Conditions of Use will continue to apply until terminated by either you or www.mightysocialword.com as set out below.
If you have a registered account via the Website and want to terminate your relationship with www.mightysocialword.com, you may do so by notifying www.mightysocialword.com in writing. User Content you have on the Website will not be removed automatically on termination or deactivation of your user account. You may at any time write to www.mightysocialword.com to request that we remove your User Content from the Website. www.mightysocialword.com may, at any time, terminate its legal agreement with you if:
- a) you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
- b) www.mightysocialword.com is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
If you breach any provision of these Terms and Conditions of Use, www.mightysocialword.com may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website. Nothing in clauses 33, 34, or 35, above, interferes with Mighty Social Word’s rights under clause 23 of these Terms and Conditions of Use.
You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Mighty Social Word.
Mighty Social Word may alter any of the content on the Website at any time. Amendment of Terms and Conditions of Use Mighty Social Word may amend, add to or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
These Terms and Conditions of Use are governed by the laws of the State of Victoria, Australia. Mighty Social Word has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available only to people in Australia who can form legally binding contracts under applicable law.
Commission and Fees
In certain cases, Mighty Social Word may have a relationship with a third party whose website is linked to this Website. That third party may pay Mighty Social Word either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.
Last updated: December 2017
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