MAUS Terms, Conditions & User Agreement
MAUS: MAUS Business Systems, a company registered in Australia. ABN 55 084 644 208
COMPANIES: MAUS Business Systems and its subsidiaries
PRODUCTS: Refers to the MAUS or Your Business Success, products or services and manuals and user guides that the user is accessing as a result of agreeing to these terms and conditions.
DATA: Means any data inputted, imported or transmitted by you or with your authority into the PRODUCTS
YOU: Means the Subscriber, and where the context permits, an Invited User.
“Your” has a corresponding meaning.
THE ADDRESS: Suite 209 117 Old Pittwater Rd Brookvale NSW 2100
This MAUS User Agreement (“Agreement”) forms a legally binding contract between YOU and MAUS in relation to YOUR use of the MAUS Products or Professional Services. In order to use the PRODUCTS, YOU must first agree to this Agreement and by using this software, YOU agree to all licence conditions of the software. YOU may not use the PRODUCTS unless YOU agree to these terms and conditions
If YOU are agreeing to be bound by this Agreement on behalf of YOUR employer or other entity YOU represent, YOU warrant that YOU have full legal authority to bind YOUR employer or such entity to this Agreement. If YOU do not have the requisite authority, YOU may not accept the Agreement or use the PRODUCTS on behalf of YOUR employer or other entity.
Changes to User Agreement
We reserve the right to modify this User Agreement at any time, and without prior notice, by posting amended terms on our website and updating any relevant instances of the Agreement. YOUR continued use of the PRODUCTS indicates YOUR acceptance of the amended User Agreement.
MAUS understands that the contents of this User Agreement may be overlooked and/or misinterpreted by the average user. As such, MAUS wants to ensure that YOU fully understand a key aspect of this agreement prior to YOUR agreement of these terms. This key aspect is in relation to your data within our systems, which primarily include but are not limited to DATA held within our Customer Relationship Management system, and our Cloud based systems (such as Mausdashboard.com). Should YOU wish to move forward with your inquiry/engagement without accepting this Agreement, we would recommend YOU call MAUS on (02) 9907 1669 or 1300 300 586 to discuss this further with the MAUS team. While use of MAUS PRODUCTS will not be able to be facilitated without accepting the Agreement, MAUS will be able to provide you with information regarding our PRODUCTS without the need to store data within the systems referenced within the Agreement. Should YOU prefer to follow this course of action, please ensure that YOU make this clear to the agent who receives YOUR call.
MAUS requires that its users, such as YOU, understand what DATA is retrieved and what our reasoning is for this DATA retrieval. Should YOUR DATA be input into our site by way of contact form or online purchase, this data will be stored by our internal Customer Relationship Management system (hereby referred to as the CRM), to which we elected to utilize the service provided by Infusionsoft. During this exchange of DATA, MAUS relies on the processes of Informed Consent, Performance of Contract & Legitimate Interests when requesting and processing this data depending on the requirements of the interaction. The definitions of these are as follows:
· Informed Consent: Customer elects to receive further information regarding products/services
· Performance of Contract: Data is required in order to proceed with agreed upon products/services with relevant communication
· Legitimate interests: Customers who elect to receive information on our products/services may also be provided with information on similar products/services as per the guidelines of legitimate interests. This is accomplished via the use of tags within our CRM and our modular systems.
MAUS will make every effort to review the DATA collected within our CRM on a regular basis to ensure that not only the permissions are still relevant and also the DATA contained within. These audits occur on a recurring basis with the intervals set depending on the nature of the data; should any errors exist in the data we have retained due to any reason, MAUS will make every effort to ensure that this data is corrected. I.e. The information collected by our CRM from our contact forms, website checkout (i.e. at the time of purchase) and other means will be reviewed every 1 – 3 months to ensure that there are no duplicates or errors in recently collected DATA. In addition to the consents referenced above, the MAUS team will look to re-establish this consent should an ongoing engagement be facilitated with YOU. This will be achieved via email or during other communications (such as phone correspondence) varying on the YOUR preferred method of communication. Instances of consent re-establishment will be recorded in the abovementioned CRM.
YOU also have the right to access and review the DATA relating to YOU within our system. Upon request, MAUS will work to provide the customer with all the information MAUS has stored within our Cloud based software and also within our CRM. This will be provided via a variety of means varying on the stored information (exports where available, otherwise via screenshots or direct access to review, or any other relevant means).
Furthermore, should YOU choose, YOU have the right to have your DATA removed from our systems in reference to Marketing or other such materials which YOU elect to not receive further, or if you elect to disengage with MAUS and its systems. This will also be facilitated via the above referenced CRM and will only not occur if there are prior contractual obligations. Should this be the case, MAUS will make every effort to ensure that YOU are contacted directly as soon as possible and this matter will be discussed in full to ensure that YOU receive the most ideal situation possible. These cases will be resolved on a Case by Case basis and will be required to be approved by higher management.
Once YOUR DATA has been received and processed, it will be stored in a secure location who security protocols have been reviewed thoroughly by MAUS’ Data Protection Officer and higher management. The exact location of DATA storage will vary as the DATA input into our CRM via website contact forms and purchases is considered separate to any DATA entered into MAUS’ own systems (Such as Mausdashboard.com). In both cases DATA (including Critical and sensitive information) will be physically & technologically protected from unauthorised access, damage and interference as per the policies of the externally contracted bodies or MAUS practices where appropriate. More information regarding this can be provided on request or may be available freely on www.maus.com.au.
DATA held within MAUS’ own systems (such as Mausdashboard.com) will be required to kept up to date YOU. MAUS affirms that this is not a condition of service, but rather a means to facilitate services (not all services require YOU to input DATA, however, some will as a means of achieving the desired outcome) for instance:
• Client’s (YOUR) employee data will have to be kept up to date to ensure features such as email notifications are received by the employee. Our system will automatically send emails should the client configure their account to do so, or utilize a service which provides this feature, but their employees will not receive these emails if their DATA is not up to date.
• Similarly, should clients wish for their employees to login and utilize the system itself, a similar set of details will need to be kept up to date. MAUS will not limit user licences depending on what data is stored on the system (this is a subscription package based limitation, and not a functional one).
Access to all DATA will be controlled via a hierarchical admin system, where no alteration to the hardware configuration of the system may take place without the permission of the MAUS CEO, Senior Developmental Staff, Senior Programming staff or other individual who is required to have this level of access to perform their duties to the company and clients.
In regards to YOUR individual and employee access, all partners, staff and relevant parties will be provided with individual login credentials, with the ability for a user to amend their password at any time they may feel compromised or otherwise in jeopardy. Actions can also be attributed to a specific user due to this system. This applies to the operating system level and application level.
Logical access control is achieved via a process of a formal user registration and de- registration procedure, which provides a means for granting and revoking access to all information and services, specifically:
• Registered user accounts are reviewed for applicability at specific periods. (annually)
• Privileges are defined for specific business purposes.
• The allocation and use of privileges is restricted and controlled.
• Privileges and privilege allocation is reviewed for applicability at specified periods.
• The allocation and establishment of user passwords is controlled through a formal management process.
• Users are required to follow good security practices in the selection use of passwords as outlined in this policy
As a MAUS customer, YOU have every right to complain to any relevant Data Protection Authority, and MAUS affirms that they will do everything in their power to assist with any resulting investigation.
MAUS’ Rights & Obligations to YOU
No person should rely on the contents of the PRODUCTS without first obtaining advice from a qualified professional person. The PRODUCTS is licensed on the terms and understanding that (1) the authors, consultants and editors are not responsible for the results of any actions taken on the basis of information in this publication, nor for any error in or omission from this publication; and (2) the The COMPANIES are not engaged in rendering legal, accounting, professional or other advice or services.
The publisher, and the authors, consultants and editors, expressly disclaim all and any liability and responsibility to any person, whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this publication. Without limiting the generality of the above, no author, consultant or editor shall have any responsibility for any act or omission of any other author, consultant or editor.
YOU agree that MAUS may, with or without cause, immediately terminate YOUR MAUS account and access to the PRODUCTS without prior notice. Without limiting the foregoing, the following may lead to a termination by MAUS of a user’s use of the PRODUCTS:
(a) a breach or violation of this User Agreement or any other incorporated agreement or guideline,
(b) a request by law enforcement or other government or judicial authority,
(c) a request by YOU (a self-initiated account deletion),
(d) an unexpected technical issue or problem, or
(e) an extended period of inactivity.
Termination of YOUR MAUS account includes removal of access to all offerings within the PRODUCTS and may also bar YOU from further use of the PRODUCTS. Furthermore, YOU agree that all terminations shall be made in MAUS’s sole discretion and that MAUS shall not be liable to YOU nor any third-party for any termination of YOUR account or access to the PRODUCTS.
Reservation of Rights & Data Loss
Subject to the rights and licenses expressly granted under this User Agreement, MAUS reserves all rights, title and interest in and to the PRODUCTS, including all related intellectual property rights. No rights are granted to YOU under this User Agreement other than as expressly set forth herein what is legally obliged. Subject to the rights and licenses expressly granted under this User Agreement, MAUS acquires no right, title or interest from YOU under this User Agreement in or to any content or information submitted by YOU to the PRODUCTS.
User Suggestions & Feedback
MAUS and its affiliates shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into their services any suggestions, enhancement requests, recommendations or other feedback provided by YOU relating to the operation of the PRODUCTS.
Compelled Disclosure of Information
Disclaimer of Warranties
YOU understand and agree that the PRODUCTS is provided on an “as is” and “as available” basis and that MAUS does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. MAUS assumes no responsibility for the accuracy or existence of any communications between users. MAUS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
MAUS makes no warranty that
(i) the PRODUCTS will meet YOUR requirements,
(ii) the PRODUCTS will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from use of the PRODUCTS will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by YOU through the PRODUCTS will meet YOUR expectations,
(v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the PRODUCTS is done at YOUR own discretion and risk and that YOU will be solely responsible for any damage to YOUR computer system or loss of DATA that results from the download of any such material.
(vi) that the DATA entered or imported into the PRODUCT will not be lost. We require all users to make a manual backup of their DATA.
No advice or information, whether oral or written, obtained by YOU from MAUS or through or from the PRODUCTS shall create any warranty not expressly stated in this user agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to YOU.
General Legal Terms
This User Agreement constitutes the entire agreement between YOU and MAUS and governs YOUR use of the PRODUCTS, superseding any prior agreements between YOU and MAUS.
Limitation of Liability
YOU expressly understand and agree that MAUS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, DATA or other intangible losses (even if MAUS has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to YOU. In no event will MAUS’s total cumulative damages exceed the amount YOU paid for the software.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of New South Wales in the Commonwealth of Australia and each party hereby irrevocably submits to the jurisdiction of the Courts of New South Wales.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This agreement is governed by the laws of NSW.
Except as otherwise specified in this User Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv), except for notices of termination or an indemnifiable claim, the first business day after sending by email. Notices to MAUS shall be addressed to the attention of The Managing Director to THE ADDRESS; with a copy to General Counsel, at THE ADDRESS. Notices to YOU shall be addressed to the then-current contact information submitted by YOU to the PRODUCTS
MAUS, the MAUS logo, and other MAUS logos and names are trademarks of MAUS. YOU agree not to display or use these trademarks in any manner without MAUS’s prior, written permission.
YOUR Rights & Obligations to MAUS
Future Features and Functionality
YOU agree YOUR purchases of the PRODUCTS are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by MAUS or any of its affiliates regarding future functionality or features.
The rights to receive any financial or other benefit, and to modify the product or employ its components in any kind of derivative work, are reserved exclusively by the COMPANIES. YOU may not reverse-engineer, disassemble, modify, decompile or create derivative works of the product. YOU acknowledge that the product includes certain trade secrets and confidential information, all of which is the copyrighted intellectual property of the COMPANIES. MAUS Business Systems and its Logo are trademarks of Corprat Pty Ltd or Peter Hickey. All rights are reserved worldwide. The User Manual is copyrighted and all rights are reserved. The reproduction of this document, in whole or part, its conversion to electronic medium or its distribution in printed form (hard copy) are prohibited unless prior consent, in writing, has been given by the COMPANIES.
USE OF PRODUCTS
YOUR use of the PRODUCTS is governed by this User Agreement. MAUS may refuse service without prior notice to any user for any or no reason.
It is YOUR responsibility to backup YOUR DATA on a regular basis. We strongly suggest that all users download and store their DATA (where possible) securely on their personal or network hard drive. MAUS will not in any way be responsible for lost DATA. While MAUS will make each and every effort to protect and maintain the integrity of any and all data within our system, it is YOUR responsibility to ensure any critical data is backed up with the relevant level of diligence.
– Password and Account
YOU are responsible for maintaining the confidentiality of YOUR password and account and are fully responsible for all activities that occur under YOUR password or account with or without YOUR knowledge. If YOU knowingly provide YOUR login and password information to any other person, YOUR account privileges may be suspended temporarily or terminated. YOU agree to immediately notify MAUS of any unauthorized use of YOUR password or account or any other breach of security. MAUS cannot and will not be liable for any loss or damage arising from YOUR failure to comply with this section.
YOUR access to the DATA is contingent on payment of the MAUS subscription fee. If YOU are not current in YOUR subscription fee then YOUR account could be suspended and YOUR data destroyed.
YOU must maintain copies of all Data uploaded into the PRODUCTS and manually backup any DATA within the system onto YOUR own desktop or server or backup device (where possible). MAUS does not make any guarantees that there will be no loss of DATA. MAUS expressly excludes liability for any loss of DATA no matter how caused.
Third-party applications and YOUR DATA. If YOU enable third-party applications to access the PRODUCTS then YOU acknowledge that MAUS may allow access to those third party applications to YOUR DATA. MAUS shall not be responsible for any disclosure, modification or deletion of YOUR DATA resulting from any such access by third-party application providers.
YOU agree not to use the PRODUCTS for any of the following:
· To post content or initiate communications which are unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable;
· For any illegal purpose, including but not limited to conspiring to violate laws;
· To falsely state, impersonate, or otherwise misrepresent YOUR identity, including but not limited to the use of a pseudonym, or misrepresenting YOUR current or previous positions and qualifications, or YOUR affiliations with a person or entity, past or present;
· To upload, post, email, transmit or otherwise make available any content or initiate communications which include information that YOU do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· To upload, post, email, transmit or otherwise make available any content or initiate communication that infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary right;
· To upload third-party content that infringes or violates any license, permission, consent or agreement necessary for the lawful use of such third party content;
· To upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
· To interfere with or disrupt the PRODUCTS or servers or networks connected to the PRODUCTS, or disobey any requirements, procedures, policies or regulations of networks connected to the PRODUCTS.
Service Policies and Privacy
Recognizing the global nature of the Internet, YOU agree to comply with all laws, regulations and rules that apply to YOUR use of the PRODUCTS wherever YOU are located, including but not limited to rules regarding privacy, online conduct, acceptable content and transmission of and access to export-controlled technology and technical data. Without limiting the foregoing, the PRODUCTS may be subject to export laws and regulations of Australia and other jurisdictions.
Access to PRODUCTS
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the MAUS website is strictly prohibited. YOU agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. YOU also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, YOU agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
The PRODUCTS contains confidential and trade secret information of MAUS, including but not limited to confidential processes, methods, structures, schema, program code and elements, and user interfaces. YOU may not use such information for any purpose other than authorized use of the PRODUCTS under this User Agreement, or disclose such information to anyone other than authorized users of the PRODUCTS.
Fees and Payment
MAUS reserves the right to charge for the PRODUCTS or any portion thereof, modify the pricing of, add to, or discontinue the PRODUCTS or any portion thereof without prior notice.
YOUR MAUS subscription will be automatically renewed at the end of YOUR subscription period. We will bill the subscription fee plus any applicable tax to YOU. YOUR membership will automatically renew for successive subscriptions, without prior notice to YOU, unless and until YOU cancel YOUR membership, or we terminate it. YOU must cancel YOUR membership before it renews in order to avoid billing of the next period’s subscription fees to YOUR Payment Method.
Charges and Billing
By using the PRODUCTS, YOU are expressly agreeing that we are permitted to bill YOU a subscription fee, any applicable tax and any other charges YOU may incur in connection with YOUR use of the PRODUCTS. Additional charges may include service level changes YOU request. The subscription fee will be billed at the beginning of YOUR subscription and on each renewal thereafter, unless and until YOU cancel YOUR membership. We will automatically bill YOU each billing period on the calendar day corresponding to the commencement of YOUR membership. All fees and charges are non refundable, and there are no refunds or credits for partially used periods. We may change the fees and charges in effect or add new fees and charges from time to time. If YOUR credit or debit card reaches its expiration date, YOUR continued use of the service constitutes YOUR authorization for us to continue billing YOU, and YOU remain responsible for any uncollected amounts.
Downgrades and Cancellations
If YOU change YOUR service level (downgrade it), YOU may cause the loss of Content or features for YOUR account. MAUS does not accept any liability for such loss. YOU may cancel YOUR subscription to the PRODUCTS at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS.
By accepting this User Agreement, YOU agree to indemnify and otherwise hold harmless MAUS, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) YOUR use of the PRODUCTS; ii) unauthorized access to or alteration of YOUR communications with or through the PRODUCTS, iii) any other matter relating to the PRODUCTS, or iv) and file uploaded to or accessed with the PRODUCTS. Any business transactions which may arise between users from their use of MAUS are the sole responsibility of the users involved.
YOU may not assign any of YOUR rights or obligations under this User Agreement, whether by operation of law or otherwise, without the prior written consent of MAUS.
MAUS may assign the entirety of its rights and obligations under this User Agreement, without consent of the other, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. The sole remedy for any purported breach of this paragraph shall be, at the non-assigning party’s election, termination of YOUR use of the PRODUCTS upon written notice to the assigning party.