Terms and Conditions
Acceptance of Terms
The following are terms of a legal agreement between you and MY IMS Pty Ltd ("MY IMS").
By accessing, browsing and/or using any product and service ("Service" or "Services") provided by MY IMS (including this website located at myims.com.au),
you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations,
including the Privacy Statement, notices, disclaimers and any other terms and conditions or other statements contained on this website
(referred to collectively as "Terms and Conditions"). You also warrant that you are at least 18 years of age and have any and all permissions necessary to enter into and be bound by this agreement.
Description of Products and Services
We provide an array of products and services for online collaboration and management
including consulting, software development, system integration, software tools, websites, applications and source code.
You may use the Services for your personal and business use.
MY IMS software and source code may be downloaded, distributed and used according to the software license agreement published online.
You may connect to the Services using any Internet browser supported by the Services.
You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.
You should assess whether the Services are appropriate to your particular objectives, situation and needs before making a decision on the basis of the information
on this website. You can either make this assessment yourself or seek the assistance
of any adviser.
Fees and Payments
Subscriptions to paid Services are available on monthly and yearly subscription plans.
Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription.
The subscription fee will be charged to the Credit Card last used by you.
If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription,
you agree to inform us at least seven days prior to the renewal date.
In the event of termination of the subscription (yearly subscription plans only), you will be refunded the subscription fee for the unused portion of the subscription period.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
(1) transfer or otherwise make available to any third party the Services;
(2) provide any service based on the Services without prior written permission;
(3) use the third party links to sites without agreeing to their website terms & conditions;
(4) post links to third party sites or use their logo, company name, etc. without their prior written permission; or
(5) use the Services for spamming and other illegal purposes.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
Requests for unscheduled support relating to faults will be classified by the user as Critical, Important or Non-Critical.
MY IMS will respond to support requests within one business day timeframe. Please note this means an acknowledgement of the issue being registered, it does not necessarily mean issues will be resolved or fixed within this timeframe.
Upon acknowledgement of a support issue, MY IMS will advise the user of the likely resolution timeframe for the issue although no guarantees around issue resolution will be provided.
User Accounts Policy
We reserve the right to cease on-going work and/or terminate Services should a payment become overdue until the overdue amount is paid in full.
In the event of such termination, all data associated with such user account may be removed.
We will provide you prior notice of such termination by email.
The data removal policy may be implemented with respect to any or all of the Services.
Disclaimer, limitations and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY IMS WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF
USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING ANY MATERIALS (INCLUDING SERVICE AND/OR SOFTWARE) PROVIDED BY MY IMS.
IN NO EVENT SHALL MY IMS BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING,
WHETHER FOR BREACH OR IN TORT, EVEN IF MY IMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH MY IMS
AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST MY IMS FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD MY IMS ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE MY IMS, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO MY IMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MY IMS RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE.
IN NO EVENT SHALL MY IMS’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Third Party Software, Content and Postings
MY IMS does not control and/or does not guarantee the quality, accuracy, legality or safety of Third Party transactions, which shall be governed by terms of sale executed by and between the developer and the acquirer.
MY IMS DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
These Terms and Conditions are governed by the law in force in the State of New
South Wales in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction
of the courts of New South Wales and courts of appeal from them for determining
any dispute concerning the Terms and Conditions.
These Terms and Condition can be modified at any time by MY IMS and you agree to continue
to be bound by these Terms and Conditions as modified. We will give you notice of
these changes by publishing revised Terms and Conditions on this website - we will
not separately notify you of these changes.
If the whole or any part of a provision of these Terms and Conditions are void,
unenforceable or illegal in a jurisdiction it is severed for that jurisdiction.
The remainder of the Terms and Conditions have full force and effect and the validity
or enforceability of that provision in any other jurisdiction is not affected. This
clause has no effect if the severance alters the basic nature of the Terms and Conditions
or is contrary to public policy.
Unless otherwise expressly stated to the contrary, no information on this website may be reproduced,
adapted, uploaded to a third party, linked to, framed, performed in public, distributed
or transmitted in any form by any process without the specific written consent of
MY IMS, MY IMS logo, the names of individual Services and their logos are trademarks of MY IMS.
You agree not to display or use, in any manner, the MY IMS trademarks, without MY IMS’s prior permission.
Some of the Services described in this website are only available in Australia.
This website may contain references to other special offers or promotions by entities (including persons and organisations)
who are not part of MY IMS. Subject to any applicable law which cannot be excluded,
MY IMS makes no warranties or representations regarding the quality, accuracy, merchantability
or fitness for purpose of the goods or services available from these entities.