This Website (referred to in these Terms and Conditions of Use as the “site”) is owned and operated by MiBitz Pty Ltd ABN 52 147 810 419. The Website is available for you to conditional upon your acceptance of the Terms and Conditions of use set out below.

Definitions
"Agreement" means these Terms and Conditions and the order placed by you for a Product or Service.

" Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials posted to the site by you.

" MiBitz" refers to MiBitz Pty Ltd (ABN 52 147 810 419), which operates the site.

" the site" refers to www.mibitz.com

" Product or Service" means any product or service that is offered by MiBitz.

" You", "your" or "the client" refers to you as the user of the Service.


2. Terms and Conditions of Use
These are terms and conditions of the legal agreement between you and MiBitz Pty Ltd on its behalf and on behalf of its subsidiaries and affiliates (to be referred hereafter as "MiBitz"). By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. You further agree to be governed by any additional terms and conditions that may apply to you arising out your accessing, browsing and/or using of this site, whether contained on this site or in a separate agreement with MiBitz. In the event of any conflict between these Terms and Conditions of Use and any such additional terms and conditions, such additional terms and conditions shall prevail. MiBitz reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site.

If you do not agree to these Terms and Conditions of Use, please do not use this site. These Terms and Conditions of Use may vary and modify from time-to-time. Please review the Terms and Conditions of Use periodically for changes. If you continue to use of this site after variations to the Terms and Conditions of Use you are deemed to accept those variations.  

3. Privacy Policy
From time to time, you may be requested to provide MiBitz with personal information. Such personal information is subject to MiBitz's Privacy Policy. MiBitz Pty Ltd and its subsidiaries and affiliates ("MiBitz") are committed to protecting your privacy. This Privacy Policy sets out MiBitz's policy with respect to our collection, use, and disclosure of personal information. This Privacy Policy explains in general terms how MiBitz protects the collection and use of your personal information that you supply to us while accessing, browsing and/or using this site. This Privacy Policy will also apply to any information about you that is provided to us by someone else such as a real estate agent. MiBitz reserves the right in its absolute discretion, to vary or remove part of this Privacy Policy at any time and without notice to you. So far as possible it is MiBitz’s intention that this Privacy Policy is designed to protect your personal information from being dealt with in way that is inconsistent with applicable privacy laws in Australia. Whilst MiBitz will take reasonable commercial efforts to ensure that they comply with the MiBitz Privacy Policy, MiBitz will have no liability to you if MiBitz or any person fails to do so. Please review the Privacy Policy from time-to-time for changes, variations, additions and deletions. If you continue to use of this site after changes, variations, additions and deletions to the Privacy Policy you are deemed to accept the Policy.


Information Collected
The types of personal information that we collect from you will depend on the circumstances of collection and on the type of service you request from us. As we are required by law to obtain your consent to the collection of private information we will assume that you have consented to the collection and use of all information which is provided to us in accordance with this Privacy Policy.   How MiBitz Collects Information
MiBitz may collect personal information about you when you deal with MiBitz over the telephone, send correspondence (whether by letter, fax or email), visit MiBitz site or when you have contact with MiBitz in person. As well as collecting information directly from you, there may be occasions when MiBitz collect information about you from a third party.

MiBitz also may use "cookies" from time to time to help personalise your online experience with us. A cookie is a small text file that is stored on your computer to help us make your visit to our site more "user friendly". Cookies provide us with information about your use of the site that can help us improve the site and your experience with it.

MiBitz may also contract independent internet research companies to measure and analyse the internet usage across the site, including but not limited to:

• The number of page views (or page impressions) that occur on the site;
• The number of unique browsers to our site;
• How long these unique browsers (on average) spend on our site when visiting; and
• Entry and exit points into our site.
  How MiBitz Will Use Your Personal Information
Personal information that you submit when accessing and using this site is used only for the purpose for which it is submitted or for such other purposes that are related to that purpose, unless disclosed otherwise. Any information provided to a 3rd party through this site will be passed onto the 3rd Party.

Your information will also be shared between related companies in the MiBitz Group where and as necessary.

Some of the personal information we collect is essential for us to be able to accurately identify who is using the service. Other types of personal information we collect help us to profile who is using our services and what their interests are.  

Disclosure of Private Information to Third Parties
MiBitz may disclose your personal information to third parties, for example, data processing companies (including operators of global distribution systems and payment clearing houses) for the purpose for which the information was collected or for related purposes, for example to complete a transaction on your behalf or provide you with a service that you requested.
MiBitz may engage third parties to perform services which involve the third party handling personal information we hold about you. For example, MiBitz engage third party contractors to:

• Provide email and mail handling services;
• Provide electronic funds transfer services, credit card account processing and related services;
• Operate call centres;
• Collect commissions payable to us;
• Process bookings made via this site or other MiBitz site; Conduct market research;
• Provide information technology services such as data storage, software and system development and maintenance;
• Assist with obtaining payment from creditors.
 
If MiBitz engage third parties, MiBitz will prohibit the third party from using personal information about you except for the primary purpose for which your personal information was supplied.

Other than the set out above, MiBitz will not disclose your personal information without your consent unless disclosure is authorised or required by law, reasonably necessary to enforce the law or necessary to investigate any suspected illegal or unlawful activity.


Access & Correction of Personal Information About You
MiBitz will deal with your request to provide access to this information in a reasonable time.
MiBitz welcomes your comments regarding this Privacy Policy. If you believe that we have not complied with this Policy or if you wish to review or edit your personal information, please contact us by e-mail at info@mibitz.com and we will use reasonable commercial efforts to address any concerns that you may have.
MiBitz will, if commercially viable, provide you with access to the information we hold about you.
MiBitz may recover from you reasonable costs of supplying you with access to this information.
MiBitz will try to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.


MiBitz take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date. If you discover that personal information that MiBitz holds about you is incorrect, you may contact MiBitz to have your personal information corrected.  

4. Third Party Information and Links
This site may contain links to third party Websites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under the control of MiBitz, and MiBitz is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. MiBitz is not responsible for any form of transmission received from any Linked Site nor is MiBitz responsible if the Linked Site is not working appropriately. MiBitz provides such links and information to you only as a convenience. You are responsible for viewing and abiding by the privacy policies and terms and conditions of use posted at the Linked Sites.

Any dealings with third parties conducted through the site or Linked Sites, including the delivery of and the

• payment for goods and services, and any other terms, conditions, warranties or representations associated with
• such dealings, are solely between you and the third party. MiBitz shall not be responsible or liable for any part
• of any such dealings.   5. Your Use Obligations
In consideration of your use of any services provided on the site, you agree to:

(a) provide true, accurate, current and complete information about yourself where prompted by the site (such information being the "Personal Information") and
(b) maintain and promptly update the Personal Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MiBitz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MiBitz has the right to suspend or terminate any services provided to you by MiBitz and refuse any and all current or future use of MiBitz services (or any part thereof). You are responsible for all activities undertaken by you using any service provided by MiBitz, including, without limitation, access to materials on the Internet (whether at a password protected site or not) and use of email. All such activities are at your own risk. You shall not use, nor permit others to use, this site or any MiBitz services provided through this site in a manner or for a purpose contrary to these Terms and Conditions of Use. In the event that you access other networks or computing resources, you agree to abide by their respective usage policies. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any UNAUTHORISED use of your password or account or any other breach of security. You will not disrupt the functioning of the site, solicit another user's password, or otherwise act in a way that interferes with other users' use of the site. Nor may you post or distribute any computer program that damages, detrimentally interferes with, intercepts, or expropriates any system, data, or personal information. Services provided by MiBitz are not intended for use by children. In the event that you, as a legal guardian, wish to allow your child to use this site and/or any MiBitz services, you acknowledge that your child will have permission to access this entire site and any MiBitz services, including without limitation email. You further acknowledge that, as the legal guardian, it is your responsibility to determine whether use of the MiBitz services and/or Content transmitted through the MiBitz services is appropriate for your child. MiBitz does not claim ownership of the Content. However, by posting, uploading, inputting, providing or submitting any such Content, you are granting MiBitz and any necessary sub-licensees permission to use your submitted Content in connection with the operation of its business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted Content; and to publish your name and any contact information you approve of in connection with your submitted Content. No compensation will be paid with respect to the use by MiBitz of your submitted Content, as provided herein. MiBitz is under no obligation to post or use any Content you may provide and MiBitz may remove any such Content at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content. Notwithstanding the foregoing, any suggestions, improvements or modifications to MiBitz products and services ("Enhancements") made by you or anyone acting on your behalf, including your employees, will be the property of MiBitz without any further consideration to you, whether or not such Enhancements are incorporated into MiBitz products and services.   6. Prohibited Uses
You may not use this site and/or MiBitz services in any manner which could damage, disable, overburden, or impair this site and/or any MiBitz services (or the network(s) connected to such site or services) or interfere with any other party's use and enjoyment of this site and/or MiBitz services. You may not attempt to gain unauthorised access to this site and/or any MiBitz service, other accounts, computer systems or networks connected to this site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content through any means not intentionally made available to you through this site.

This site may contain e-mail services and/or other message or communication facilities like SMS designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive Content that is proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the site, you will not:

• Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, Content.
• Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
• Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other Content designed for compromising the security of the Communication Services, our network or telecommunication services.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of the site that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other Content in order to disguise the origin of such email, software or Content.
• Restrict or inhibit any other user from using and enjoying the Communication Services, or create an unusually large burden on the Communication Services, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorisation from such owners of such information.
• Resell any of the Communication Services or use the Communication Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Communication Services to provide Internet access or any other feature of the Communication Services to any third party.
• Violate any applicable laws or regulations.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.
• MiBitz has no obligation to monitor the site. However, MiBitz reserves the right to review Content posted to or sent through the site and to remove any Content in its sole discretion. MiBitz further reserves the right to terminate your access to any or all of the Communication Services and this site at any time, without notice, for any reason whatsoever.
• MiBitz reserves the right at all times to disclose any information as MiBitz deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content, in whole or in part, in MiBitz's sole discretion.
• Always use caution when giving out any personally identifying information about yourself or your children in the site. MiBitz does not control or endorse the content, messages or information found in the site and, therefore, MiBitz specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in the site.
• Content uploaded to the site may be subject to posted limitations on usage, reproduction, dissemination or other requirements. You are responsible for adhering to such limitations if you download the Content.
• All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") posted to the site by any users are the sole responsibility of those users. MiBitz does not guarantee the accuracy, copyright compliance, legality, integrity, quality, or decency of such Content. Posting your name, contact information, and any personal information in the site places that information into a public forum.

7. Personal and Non-Commercial Use
Unless otherwise specified, the services provided on this site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.

8. International Use
As this site may be accessed globally, if you choose to access this site from locations other than Australia, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of data exported from or imported to the country in which you live. Notwithstanding the foregoing, MiBitz makes no representation that Content on this site are appropriate or available for use in locations outside Australia, as applicable, and accessing them from territories where their contents are illegal is prohibited.

9. Downloads
All Content and software (if any) that is made available to view and/or download in connection with the site, ("Software") is owned by and is the copyrighted work of MiBitz and/or its suppliers and is protected by copyright laws. You may not install or use any Software that is accompanied by or includes a license agreement (if any) unless you first agree to the license agreement terms.
The site may contain links to sites of third parties for the download of software. Your use of the third party software is governed by the terms of the software license agreement of that third party, if any.
You further agree that you will not download any content or software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.

10. Use of Email Services
You agree that MiBitz may establish limits concerning use of any services (including email services) offered on this site, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on MiBitz's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that MiBitz has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that MiBitz reserves the right to delete accounts without notice to you that are inactive for an extended period of time.
MiBitz MAKES NO WARRANTY THAT ANY SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
In addition to the terms and conditions set out herein, you agree that you: (a) will not continue to send commercial email to a recipient if recipient has requested that you discontinue such communication; (b) will not forward or propagate chain letters of any type (including charity requests or petitions for signatures), whether or not the recipient wishes to receive such mailings; (c) will not intentionally flood a user, server, account or site with large or numerous email messages; and (d) will not forge header information.
MiBitz prohibits the use of accounts or network connections, to collect replies of messages sent from any another provider that violates these terms and conditions of use or those of the originating provider.

11. Purchases and Refund Policy
By making any purchase from MiBitz through this site, you agree to abide and be bound by the terms and conditions of MiBitz's Terms and Conditions of Purchase, as applicable, along with any other terms and conditions that you agree to in the course of making your purchase.
You further agree that you will not make any purchase from this site without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this site where such purchase is prohibited by local laws. You acknowledge that all purchases made by you through this site are for your internal or personal use only, and are not for resale or export.

In the unlikely event that you require a cancellation of your purchase contract made through this site, you must provide MiBitz with a written notice of such cancellation within: (a) seven (7) days of entering into your purchase contract or prior to the receipt of the goods or services purchased through this site, whichever first occurs.

12. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MIBITZ HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, MIBITZ ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL MIBITZ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability
YOU SPECIFICALLY AGREE THAT MIBITZ SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT MIBITZ IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MIBITZ IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.

  IN NO EVENT SHALL MIBITZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT MIBITZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. Indemnification
Upon reasonable request by MiBitz, you agree to defend, indemnify, and hold harmless MiBitz and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site, including without limitation content sent or posted by you through the Communication Services, your connection to this site and/or MiBitz services, your non-compliance with these terms and conditions of use, or your violation of any third-party rights. MiBitz reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MiBitz in asserting any available defences.

15. Content Submitted to MiBitz by You
By posting, uploading, inputting, providing or submitting any information to this site, you consent to MiBitz's collection of such information, and you grant MiBitz, its affiliated companies and necessary sub-licensees permission to use such submitted information in connection with the operation of this site and its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted information; and to publish your name any contact information you approve of in connection with your submitted information. You warrant and represent that you own or otherwise control all of the rights to any information submitted by you to MiBitz through this site or otherwise, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your submitted information. No compensation will be paid with respect to the use of your submitted information. MiBitz is under no obligation to post or use any information you may provide and MiBitz may remove any such information at any time in its sole discretion. For greater certainty, MiBitz does not claim ownership to any information that you may provide to MiBitz, unless otherwise expressly provided. Notwithstanding the foregoing, any Enhancements made by you or anyone acting on your behalf, including your employees, will be the property of MiBitz without any further consideration to you, whether or not such Enhancements are incorporated into MiBitz products and services.
In the event that you submit personal information to MiBitz in confidence through this site, you consent to the collection, processing, transmission and disclosure of such information by MiBitz for the purposes of MiBitz internal use and specifically the purposes set out on the web page requesting such information or in MiBitz's Privacy Policy. MiBitz will make commercially reasonable efforts to keep such personal information confidential, and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate the provision of products and services to you, (b) to the extent required by law, or (c) in accordance with MiBitz's Privacy Policy.

16. Intellectual Property Rights
The Content contained on this site is protected by copyright. You may use this site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the Content on the site, or create any other Content using Content on the site, without obtaining the prior written consent of MiBitz.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of MiBitz.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by MiBitz or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this site must not in any way infringe the intellectual property rights of any person.
MiBitz does not and will not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, store, distribute, send or share with others in your MiBitz account. We will not use any of your content for any purpose except to provide the Service for you.

17. Modifications to Services Provided
MiBitz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (including email services) provided through this site (or any part thereof) with or without notice, or in accordance with the terms of your separate written agreement with MiBitz. You agree that MiBitz shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.

18. Violation of Terms and Conditions of Use and Termination
Where feasible (in MiBitz's sole discretion), MiBitz will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any MiBitz services are used in a way in which MiBitz, in its sole discretion, deems to violate these terms and conditions of use, MiBitz or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services (including email services). MiBitz shall not be liable in any way for any such responsive actions. The above-described actions are not MiBitz's exclusive remedies and MiBitz may take any other legal, equitable or technical action it deems appropriate.
MiBitz reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorise MiBitz to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms and conditions of use. Such cooperation may include MiBitz providing the username, IP address, or other identifying information about you. Upon termination of any account you may have with MiBitz, you authorise MiBitz to delete any files, programs, data and email messages associated with such account.
Notwithstanding the foregoing, MiBitz reserves the right, in its sole discretion, to terminate your access to this site and MiBitz services or any portion thereof, for any reason without notice.

19. Notice
All demands, notices, communications and reports required under these terms and conditions of use, including any notice of infringement of your copyright, shall be in writing and shall be either sent by facsimile transmission with confirmation to the number specified below or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to MiBitz at the address specified below:

MiBitz Pty Ltd
PO Box 6260, St.Kilda Road Central, Melbourne VIC 8008
Email to: notice@mibitz.com


20. General Provisions
This agreement is governed by the laws of the State of Victoria, Australia, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the State of Victoria, Australia.
The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms and conditions of use or to any contracts relating to goods or services obtained through this site. No joint venture, partnership, employment, or agency relationship exists between you and MiBitz as a result of this agreement or use of this site and/or MiBitz services. MiBitz's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MiBitz's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, MiBitz services or information provided to or gathered by MiBitz with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MiBitz with respect to this site and MiBitz services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MiBitz with respect to this site and MiBitz services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.

21. MiBitz's Terms and Conditions of Purchase
This Website (referred to in these Terms and Conditions of Use as the “site”) is owned and operated by MiBitz Pty Ltd ACN 147 810 419 (referred herein as “MiBitz”).
MiBitz offers various Products or Services as set out in the Products & Services page in the site. Your purchase of any products and services is governed by the MiBitz's Terms and Conditions of Purchase set out below. Purchasing any Product or Service from this site will mean you accept the MiBitz Terms and Conditions of Purchase.
MiBitz offer a number of different Products and/or Services that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion.
The fees for each Product or Service are as set out in the site or in your Order Form
MiBitz does not charge any surcharge for payment by Visa Card or MasterCard
MiBitz reserve the right to amend the Terms and Conditions of Purchase, including fees, at any time. MiBitz will endeavour to give written notice of any changes to fees. Your continued use of the Service will constitute your acceptance of the change.

22. Applicable Currency
All prices and charges quoted are in Australian dollars.

23. GST
If your product or service is provided within Australia, then the price will include the Australian Goods and Services Tax (GST), which is currently at ten per cent (10%).
If your delivery address is outside Australia, then your purchase is not subject to GST.

24. Orders and Payment
You will need to complete a separate payment for each transaction. Once you have placed your order you will receive a confirmation page that you can print for your own records.

25. Product or Service Purchase
Subject to availability of the Products or Services, MiBitz will accept your order when your credit card payment has been approved. MiBitz will inform you by e-mail if your credit card payment is not successful.
You must provide details of an acceptable credit card sufficient to make online payments. By providing your credit card details, you irrevocably authorise us to process your transaction.
Credit cards accepted are Visa and MasterCard only.

26. Returns and Refunds
Products or Services purchased on the site are sold in accordance with the examples of each Product or Service (please refer to Products and Services page of the site). Production services such as video creation, voiceovers, video production will be subject to variation, however, MiBitz will always endeavour to produce the best quality work to the standard and format used in the examples shown on the site.
The onus is on you to inspect samples of the Products or Services provided in the Site and select the appropriate Product or Service before payment is made.
You shall not be entitled to any refund whatsoever in relation to the Product or Service bought on the site either in part or in full.
MiBitz’s return and refund policy shall apply even if the site shall be down for any period of time.

27. Security
Orders are processed through a Secure Socket Layer (SSL) using encryption to protect your credit card and other details. MiBitz makes no warranty in respect of the strength or effectiveness of that encryption and MiBitz is not responsible for events arising from unauthorised access of the information you provide.

28. Customer Enquiries
For any enquiries, please send an e-mail to info@mibitz.com

29. Feedback
If you wish to make any comments or suggestions, please e-mail at feedback@mibitz.com

30. Disclaimers and Limitation of Liability
Under Division 2 of Part V of the Trade Practices Act 1974 (Cth) and the Fair Trading Acts (and Consumer Affairs and Fair Trading Acts) of Australian states and territories, certain warranties and conditions ('Implied Terms') are implied into contracts for the supply of goods or services if the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption. Liability for breach of those Implied Terms cannot be excluded or limited. Notwithstanding any other provision of these Terms, the limitations and exclusions of liability in these Terms do not apply to the Implied Terms.
Except for the Implied Terms or where to do so would cause any part of these Terms to be illegal, void or unenforceable, MiBitz:
Excludes all conditions and warranties implied into these Terms;
To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including through negligence), which may be directly or indirectly suffered, in connection with use of this web site, the use of the MiBitz site or any product purchased from the MiBitz site; and
Excludes liability (whether that liability arises under contract, tort (including negligence), statute or otherwise) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this web site, the MiBitz site or any product purchased from the MiBitz site.

31. Governing Law
These Terms and Conditions are governed by and must be construed in accordance with the laws of Victoria, Australia. You accept that any disputes will be determined by courts having jurisdiction in Victoria, Australia.

32. Privacy Notice
MiBitz collects information about you when you make payments on the MiBitz site.
The information collected will be subject to MiBitz’s Privacy Policy.