The following is the terms of the agreement between Mobile MOUSe (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
The Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Mobile MOUSe and the Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. The Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
Users and Sharing of Access
The Buyer may not share their login and course access priveledges with other persons or entities. Failure to comply with this condition of sale will result in immediate removal of any and all of the Buyers course access priveledges. The Buyer acknowledges that there will be no recourse for a refund if such a situation arises.
Setup and Payment
The Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honoured by the Buyer’s credit card company and (iii) The Buyer shall pay charges incurred by the Buyer at the amounts in effect at the time incurred, including all applicable taxes. The Buyer shall be responsible for all charges incurred through use of the Buyer’s password. The Buyer agrees to keep his or her password confidential and to notify Mobile MOUSe within 24 hours of any breach of this Contract or unauthorized use of the password. Mobile MOUSe does not protect the Buyer from unauthorized use of the Buyer’s password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
Editing, Deleting, and Modification
Mobile MOUSe reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Mobile MOUSe may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
This Website serves as a conduit for information. Certain documents and programs may be downloaded through this site. THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE.
USERS MUST BE CERTAIN AND ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED.
The owners of this site will not intentionally or wilfully transmit files that they know to contain viruses.
As a user of this Site, you agree to immediately notify us of any files that you download that you believe contain viruses.
As a condition to any license contained for items obtained by or through this Site, you will agree to perform virus screening on all such files prior to using the same.
THERE ARE NO WARRANTIES OF ANY KIND MADE WITH RESPECT TO FILES DOWNLOADED FROM OR THROUGHT THIS SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Furthermore, the owners and operators of this Site shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
A “VIRUS” is a computer program or a code or portion of a computer program, which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effect so n the user’s computer system. As you know, VIRUSES do occur and are somewhat prevalent. As such, you, the user must take affirmative steps to assure that you and your computer system are appropriately protected against viruses.
Right to Refuse
We (Mobile MOUSe) reserve the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
The Buyer agrees to indemnify, defend and hold Mobile MOUSe and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
The Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MOBILE MOUSe, FOR ANY REASON, AND THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. MOBILE MOUSe AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBILE MOUSe AND THE BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
If a product purchased is defective or not to the Buyer’s satisfaction, The Buyer must declare their intention return the product within 5 days of receipt. In such event, Mobile MOUSe shall provide the Buyer a credit for other purchases from the Site (less shipping and handling charges incurred) or a credit for an Intructor Led Course at Mobile MOUSe's premises, the date of which will be determined by Mobile MOUSe. This Section 9 sets forth the Buyer’s sole and exclusive right to refund.
Use of Information
Mobile MOUSe reserves the right, and the Buyer authorizes Mobile MOUSe, to the use and assignment of all information regarding the Buyer’s use of the Site and all information provided by the Buyer, subject to applicable law.
This Contract shall be treated as though it were executed and performed in Western Australia, Australia and shall be governed by and construed in accordance with the laws of Western Australia, Australia (without regard to conflict of law principles). Any cause of action of the Buyer with respect to the Site must be instituted within 2 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Western Australia, Australia and the Buyer expressly submits to the jurisdiction of said courts and the Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Mobile MOUSe is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Mobile MOUSe to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between you (the Buyer) and us (Mobile MOUSe) regarding our online business relationship and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the “I Agree” button below. If you do not agree to the terms of the Agreement, please click the “I Don’t Agree” button to log off the system.
If you don’t click on “I Agree” then you will not be able to purchase any goods or services.