1. Intellectual property
2. User conduct
By using the Site, Services and/or Materials available on the Site, you hereby warrant and agree that in your capacity as a Client or User you:
- shall not disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
- shall not upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
- shall not provide any false personal information;
- shall not use or attempt to use another User’s account, password, service, or system without express authorisation from Mindfindr;
- shall not intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; and
- indemnify Mindfindr in respect of any and all claims brought by a third party against Mindfindr arising out of or in connection with a breach of any of the foregoing.
3. Administration and user content
Mindfindr reserves the right in its sole discretion to, monitor and review any areas of the Site including content transmitted or posted by Users and the substance of any user content. Mindfindr reserves the right, in its sole discretion, to delete, remove or amend user content from the Site and to restrict, suspend, or terminate or limit the access to this Site, at any time without cause, prior notice or liability.
Mindfindr accepts no liability relating to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Clients and/or Users shall have full responsibility over any user content transmitted or posted by them or with their consent and to keep Mindfindr fully indemnified in this regard at all times.
4. User registration
Where use of the Site or certain Services of the Site require registration, the Client and/or User is required to provide registration information (the "Registration Data"). In registering to use the Site you agree to provide accurate, complete and up to date information about yourself as required by the Site’s registration form, and maintain and update your Registration Data to ensure that it is accurate, complete and up to date at all times.
In your capacity as Client or User you represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. You are responsible for maintaining the confidentiality of your account and for all activities carried out using your account information at all times. Mindfindr shall be immediately informed of any unauthorised activity using your account information or if you suspect that the confidentiality of your account information has been compromised.
6. Disclaimer of Warranties
- the Site and the Services contained on it are provided on an "as is" and "as available" basis and that any and all use of the Site and/or Services is entirely at your own risk;
- Mindfindr 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, title and non-infringement;
- Mindfindr gives no warranties regarding the accuracy, reliability, quality or availability of any products, Materials or Services made available on the Site;
- Mindfindr accepts no liability over any damage to your computer or loss of data that results from use of the Site and/or Services, or from downloading of any material;
- no advice or information obtained from the Site and/or its Services, whether written or oral, shall give rise to any warranty or representation unless expressly stated therein; and
- the Site may contain third party content and the links on the Site may lead to services or sites not operated by Mindfindr. No representation or warranty is made by Mindfindr with respect to the quality or otherwise of such other services or sites. A link to another site or service shall not be construed as an endorsement of that site or service by Mindfindr.
Further, Mindfindr gives no warranty or representation that:
- the Services will meet your requirements;
- the Services will be uninterrupted, timely, secure or error-free;
- any results obtained from use of the Services will be accurate or reliable;
- the quality of any products, Services, or Materials purchased or obtained by you through the Services will meet your expectations; and
- any errors in the software will be corrected.
Mindfindr reserves full rights to limit availability and alter technical requirements for the use of the Site, Services and/or Materials available.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Mindfindr is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage whether or not advised of the possibility of such damages, howsoever caused, whether in contract, including but not limited to fundamental breach, tort, including but not limited to negligence, or otherwise, arising out of, or related to:
- the use or inability to use the Services;
- the cost of procurement of substitute goods and Services purchased or obtained or messages received or transactions entered into through use of the Services;
- unauthorised access to or alteration of your transmissions or data by third parties;
- statements or conduct of any third party providing the Services or accessing the Site; and
- any other matter relating to the Services, including content you may download, use, modify or distribute from the Site.
You have the sole responsibility for maintaining adequate protection and backup of data and/or equipment used in connection with the Site and will not be entitled to a claim against Mindfindr for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of content.
8. Force majeure
11. Governing Law and Jurisdiction