TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms of Use (“Terms”) apply to all Subscribers to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well our Privacy Policy posted on our website from time to time. If you do not agree to these Terms, you man not use the Services.

DEFINITIONS

“Agreed Purpose” means the License terms as granted below and defined as ‘Agreed Purpose’

“Confidential Information” means all confidential proprietary and copyrighted material provided to you which is non-public relating to our business, analyses, technology and includes all valuation models, data and derivative tools

“Report” means the various analysis reports and heatmaps made available to you through our Services

“Service” or “Services” means the services, software and/or products provided by Mockerie.io for the Agreed Purpose and includes all Reports, data, results, information, photographs, analysis, valuations, market information and other products and services that may be provided to you or accessed by you over the course of your Subscription

“Subscriber” means a subscriber to the Services of this website

“Subscription” means the various subscription plans offered for use of the Services including the free plan

“the website” means Mockerie.io

“We”, “our” and “us” means Mockerie.io ABN 99 169 648 748

“You”, “you” means the Subscriber to our Services and by doing so, agree to these Terms

SUBSCRIPTIONS

You first need to fill in your registration details that are required in the online form to gain access and set up an account. You agree to provide current, complete and accurate information and will ensure it is kept up-to-date at all times.

When you sign up for the paid Subscription, the Subscription fee (“Fee”) will be automatically deducted from your nominated payment method each month unless you or we cancel the subscription in accordance with the below Cancellation terms.

We do not provide any refunds on cancelled services and no exceptions will be made in order to treat all Subscribers in the same manner.

CANCELLATION AND TERMINATION

TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription. You must cancel using the method nominated in user settings on the website.

WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your Subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website and Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and any illegal activity may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website and Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension including loss of any files, information or data.

We normally keep Subscriber data and Reports for 12 months if you have a paid Subscription or for 3 months if you have a free Subscription. Should you require retrieval of this information, we charge an administration fee to cover the cost of such retrieval. We are not, however, responsible for any loss of or destruction of such Subscriber data or Reports after any cancellation or termination of your Subscription, should any Subscriber data or Reports be destroyed inadvertently.

We are not required to provide any refund or part thereof to you for such termination of your Subscription. Any refund may be determined in our sole discretion and we, at all times, comply with Australian Consumer Law in relation to the provision of our Services.

AGREEMENT FOR SUBSCRIPTION SERVICES

To be eligible to subscribe to our Services, you acknowledge and agree to the following: • You will not share your password or login details with any other person and you will keep your contact, payment and other information updated. You will immediately let us know if any third party has accessed your password, login or account details;
• We are providing you with a Subscription to use our copyrighted information and Services for the Agreed Purpose only. You are not permitted to share, copy, reproduce, use or make a derivative of all or any part of the Services, Reports or any information we provide to you at any time unless expressly permitted in writing. Any other use is strictly prohibited;
• You are not permitted to share, sublicense, sell or otherwise make any Reports or our Services available to any other party including any subsidiary or related business unless expressly agreed in writing;
• You are only permitted to use the Service for the Agreed Purpose;
• You agree to ensure that all visitors and users to your website will be made aware of the use of our Services and that you are collecting and tracking non-personally identifiable information from them either by including notification on your website Privacy Policy, your terms or by a similar means;
• We are only providing you with facts, information, insights and analysis to assist you. You need to decide what may work best for your own business, your own website and needs. We do not have your personal information, finances, your individual business facts or situation in mind when we provide these Services. Our Services are not intended as, nor should they be construed as advice and we recommend that you contact a professional advisor if you would like information or advice that takes into account your personal and particular goals and business situation; and
• We do not warrant, promise or guarantee that any of the information we provide from the Services will increase your traffic, revenue, profit or otherwise change your business in a positive manner. We are only providing information for your consideration generated from the results of our Service.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. All our third party vendors have use the same or a higher level of secure storage as required by the Australian Privacy legislation.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

NON-EXCLUSIVE LICENSE (“Agreed Purpose”)

After creation of your Subscription, we will provide you with the software necessary to commence our Services and we are thereby granting you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the javascripts provided by us solely as necessary to use the Services for one or more web pages or domains that you own and/or control pursuant to your Subscription and these Terms. You agree that you will not, nor will you allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Services; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Services; (iii) rent, lease, sell, assign, sublicense or otherwise transfer rights in the Services; (iv) remove any proprietary notices or labels on the Services or placed by the Services; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Services; or (vi) use the Services for illegal purposes.

You will use the Services solely for your own internal use, and will not (i) use the Services outside of the scope of the license granted hereunder; (ii) send or store infringing or otherwise unlawful or tortuous material, including material that violates third party privacy rights; and/or (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs. You will comply with all applicable laws and regulations in your use of and access to the Services.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter, update or amend any Services or the website. In particular, if we believe the Service requires technical updates, to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify the Services at any time without notice. We will endeavour to highlight any significant or substantive changes where possible. We shall not be liable to you or any third party for any modification when it is required. If you choose to use our website and Services then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and our rights and obligations to each other.

AMENDMENT OF TERMS AND WEBSITE CONTENT

We reserve the right to change, modify, add or remove portions of these Terms, any content or appearance of the website at any time without notice. Please check these Terms regularly prior to using our website to ensure you are aware of any changes.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, Services or any information contained on it or linked to it. This includes, but is not limited to, any loss or damage as a result of downloading any of our software, any reliance on the information on the website, access to or inability to use the website. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

In any case, our liability to you will not exceed the amount actually paid by you to us in the preceding 3 month period.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Mockerie.io We expressly reserve all copyright and trademark in our website, products and services including but not limited to all documents and information that may be provided via our Services. Any redistribution or reproduction of part or all of the contents in any form is prohibited.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on or through this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We reserve the right to take action against you if you breach any of these terms.

USE OF WEBSITE AND SERVICES

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

We do not allow and we prohibit you from using our Services for anything that would breach any Privacy Laws or any other illegal purpose. You are not to track, record or collect anything that would be considered personal information as defined by Australian Privacy Law or other applicable data protection legislation. You are solely responsible for the correct implementation of the Services under applicable local laws on your own website, including but not limited to any privacy and data protection laws. This means you need to have a privacy policy on your website which tells visitors how you collect and store information on your website, including providing visitors with accurate disclosure of your use of third party analytics services (as well as use of cookies), what information you collect and how you use it.

YOUR PRIVACY

Mockerie.io, we are committed to protecting your privacy. We use the information we collect about you to maximize the Services that we provide to you.

Mockerie.io respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

DISCLOSURE OF YOUR INFORMATION

Mockerie.io may be required, in certain circumstances, to disclose information in good faith and where ResponsiveHeatmaps.com is required to do so in the following circumstances: by law or by any court; to enforce our Terms, or to protect the rights, property or safety of ResponsiveHeatmaps.com or third parties. We will endeavour to inform you prior where permissible.

CONFIDENTIALITY

You agree not to disclose any Confidential Information to any person except your employees that have signed a written confidentiality agreement with similar or more restrictive obligations as set out in this clause. In addition, you have made them aware of the duty of confidentiality and to only disclose Confidential Information necessary for authorised use and for the sole purpose of assisting you in your business as agreed prior with us.

You undertake to ensure that other persons do not gain access to the Confidential Information other than as permitted under this clause. You may only disclose the Confidential Information (to the extent reasonably necessary) to your legal advisors in relation to your rights and obligations under these terms or where such disclosure is required by regulation or law provided you have first notified us.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.

GOVERNING LAW

This Agreement is governed by the laws of Victoria Australia which are in force from time to time and both parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.