Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Spring CMS in any way, or by buying from us, you agree to be bound by them.
Millstream Web Software
PO Box 8433, Perth, Western Australia 6849
The terms and conditions
1. Definitions In this agreement:
"Our System" - means the entire computing hardware and software installation that is or supports Our System.
"Services" - means any of the services we offer for sale on Our System and include generally available updates and support services so far as specified for each service.
"Content" - means any material in any form published on Our System by us or any third party with our consent.
"Material" - means Content of any sort posted by you on Our System
2. Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a user of Our System; and
2.2 in any event to you as a buyer or prospective buyer of our Services.
2.3 We shall accept your order by email confirmation. That is when our contract is made.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our System on the day you order Services.
2.5 If in future, you buy Services from us under any arrangement which does not involve your payment via Our System; these terms still apply so far as they can be applied.
2.6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use Our System, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our System.
4. Price, payment and service provision
4.1 It is possible that the price may have increased from that posted on our website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
4.2 You agree to pay the monthly charge for the Services.
4.3 Payments are billed in advance at the beginning of each month.
4.4 Payments are non-refundable.
4.5 Our Services will be provided in the way we have explained on our website.
4.6 If we are not able to provide your Services within 14 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
4.7 You may cancel provision of the Services at any time on giving us four clear weeks notice. Payment will be due until the expiry of the notice period.
4.8 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on our website System.
4.9 If we change the nature or provision of the Services, you may terminate this contract.
4.10 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
4.11 You may not share or allow others to use the Services in your name.
4.12 We will do our best to maintain Our System so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
4.13 In the event that provision of our Services are terminated, all Content and Material will remain backed up for 30 days, after which it will be deleted permenantly from our System and backups.
5. Foreign taxes, duties and import restrictions
5.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
5.2 You are responsible for purchasing Services which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
6. Dissatisfaction with the Services
6.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Services, please tell us at the earliest opportunity:
6.1.1 - exactly why you think we have failed;
6.1.2 - the date, if relevant, of the failure;
6.1.3 - when and how you discovered the failure;
6.1.4 - the result of the failure;
6.1.5 - your suggestion as to action we should take to resolve the situation and restore your faith in us.
6.2 The procedure for complaints about our Services is set out on our website. If you do not follow this procedure, we may be unable to identify you and the Services you have received.
7.1 We or our Content suppliers may make improvements or changes to Our System, the Content, or to any of the Services, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
7.3 We give no warranty and make no representation, express or implied, as to:
7.3.1 - the adequacy or appropriateness of the Services for your purpose.
7.3.2 - the truth of any Content on Our System;
7.3.3 - any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
7.3.4 - compatibility of Our System with your equipment, software or telecommunications connection.
7.3.5 - compliance with any law;
7.3.6 - non-infringement of any right.
7.4 Our System contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our System or the purchase of Services.
7.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
8. Content and Intellectual Property Rights
8.1 We will defend the intellectual property rights in connection with our Services and Our System, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
8.2 We also claim copyright in the designs and compilation of all Content of Our System. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
8.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
8.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person without our prior written permission.
8.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
9. Your domain name
9.1 You represent that any domain name selected by you, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
9.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
9.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
10. Your Material
10.1 If you post any Material in Our System, you warrant that you own the copyright in it and you accept all risk and responsibility for it.
10.2 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
10.3 You represent and warrant that: 10.3.1 you own the rights to all of the Material that you post; 10.3.2 any fact stated in your Material is accurate;
11. System Security
11.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our System.
11.2 You may not use any software tool for the purpose of extracting data from Our System.
11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12. Acceptable use Policy
As a condition of your use of Our System, you agree to comply with these provisions:
12.1 You will not use or allow anyone else to use the Our System to post or otherwise publish:
12.1.1 - copyright works;
12.1.2 - commercial audio, video or music files;
12.1.3 - any Material which violates the law of any established jurisdiction;
12.1.4 - unlicensed software;
12.1.5 - software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
12.1.6 - links to any of the material specified in this paragraph;
12.1.7 - pornographic Material;
12.1.8 - any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
12.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
12.2.1 - The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
12.2.2 - The sending of junk mail;
12.2.3 - The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
12.2.4 - Excessive and repeated posting off-topic messages to newsgroups;
12.2.5 - Excessive and repeated cross-posting;
12.2.6 - Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
12.2.7 - The emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our System, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. Miscellaneous provisions
14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on Our System shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.