Terms & Conditions of Use

Last updated on 10 April 2010


The www.mcards.com.au website is operated under MobileLigent Pty Ltd company (“MobileLigent” or “we”) (ACN 128 506 123). Any reference to “MobileLigent” or “we” means MobileLigent business and its employees or any associated websites. Your use of www.MCards.com.au website and any other web sites made available by MobileLigent on which this Terms and Conditions of Use (TCU) are posted (collectively, the “Sites”) and any services of any kind whatsoever offered or made available thereon (the "Services"), signifies your agreement to this TCU set forth below. If you do not wish to be bound by these terms, please stop using and exit immediately.


Disclaimer of Warranties

MCards website is provided on an "as is" and “as available” basis. MobileLigent makes no warranty or representation in relation to the website, including but not limited to, implied warranties or conditions of completeness, accuracy.


MobileLigent makes no warranty to the fullest extent permitted by law that MobileLigent or www.mcards.com.au will be uninterrupted, timely, secured or error free and will meet your requirements.


MobileLigent makes no warranty to the fullest extent permitted by law of any goods or services advertised on www.mcards.com.au or any later transactions entered into or through it.


MobileLigent (including their employees, sub-contractors) are not liable/responsible for:

  • Loss caused by factors which could be reasonable deemed to be outside MobileLigent’s control i.e. delays in delivering your message due to technical faults in network carriers;
  • Loss of data, profit or revenues;
  • Any loss to the extent that is caused by you i.e. breach of contract or your negligence.

Limitation of Liability

Only the terms that are expressly set out in this document and those implied by consumer protection laws that are unable to be excluded shall apply to the supply of this service. No other terms apply.


Subject to the above paragraph, MobileLigent shall not be liable in contract, negligence, or otherwise, for any loss or damage whatsoever howsoever taking place from or in any way connected with your use of www.mcards.com.au or your access to other MobileLigent websites from it, including but not limited to damage for loss of information or data, loss of business, loss of revenues, business interruption, and any other financial loss. This is true even when MobileLigent have been notified by you of the possibility of such loss or damage.


No Guarantee of Continuity of Services

  • Despite anything else in this agreement, MCards does not undertake, warrant or guarantee that the Services will be uninterrupted, continuous or error free.
  • The Customer acknowledges and agrees that its use of the Services is dependent on, and affected by, a number of environmental and other factors outside of the reasonable control of MCards, including the infrastructure and services provided by mobile network operators (External Factors) in various countries. MCards will have no liability whatsoever relating to any failure of, or interruption in the performance of, the Services resulting from any External Factors.
  • The Customer acknowledges that, from time to time: MCards will conduct routine maintenance on the Website and its SMS/MMS gateway and the network operators will conduct routine and other maintenance on their respective systems, hardware, software and networks, and the Customer agrees that, during the conduct of such maintenance, it may not be able to access or use the Services.

Your Obligations

You must acknowledge, accept and agree to :


Specific mCards's SMS and MMS sending service:
  • Provide both your mobile number and your name (that you wish to appear in the message) when you compose an SMS or MMS mCard on our website to send to a recipient. Your name and phone number will be automatically included in the MMS greeting card sent to the recipient. In case of an SMS, your phone number will appear as the sender of the message on the recipient's phone.
  • Receive occasional newsletters via email from us with current promotions and new features of the website. You are aware that you could opt out of the mailgroup by sending an email titled "Unsubscribe" to support(at)mcards.com.au.
  • Receive MMS greeting cards from us a few times a year on special occassions such as your birthday, Christmas and New Year. You could opt out by sending an email titled "Unsubscribe" to support(at)mcards.com.au.
  • When the recipient receives an MMS greeting card on their phone, the MMS may appear to come from a number owned by us. But the content of the MMS will clearly say your name and number at the end of the message.
  • SMS/MMS messages sent by you to recipients could be delayed or lost in transit due to network compatibility or technical problem that out of MobileLigent's control. We will try our best to resend the message immediately or refund to you where appropriate if you notify us any delay or failure in delivery.
  • You are responsible for the contents (text, image and audio files) that you submit to the www.Mcards.com.au website. You need to ensure that the contents you upload do not violate any copyrights or offend anyone. You acknowledge and agree that MCards has no editorial control over your SMS and MMS and is under no obligation review, moderate, amend or modify your sent messages as part of the Services.
  • We obtain the right to publish your content for public use or not. Prior to make your uploaded contents available for public use, we will approve the appropriateness of you contents; however we do not guarantee in any way that your contents or any other users’ contents are legal or copyright-free.
  • You must bear all costs arising out of any complaints made in connection with your sent SMS or MMS (including complaints made by any Governmental Agency).
General use of the website:
  • We are not responsible for any disputes or legal actions against the contents published on www.MCards.com.au website.
  • The fee we charge for each mCard is to cover SMS and MMS delivery costs and the costs of running this website.
  • Use www.MCards.com.au only in accordance with all relevant laws, the Terms & Conditions of Use, and not for any illegal purposes.
  • Obtain all necessary consents and permissions, especially if you are under 18 years of age, prior to using www.mcards.com.au.
  • Should you have any right, claim or action against any user arising out of the use of www.mcards.com.au, you will then carry out such right, claim or action independently of and without recourse to MobileLigent.
  • Only have a personal non-exclusive non-transferable license to access www.MCards.com.au to search, view, copy and print out materials for your own use according to this Terms & Conditions of Use and that you may not modify, reproduce, republish, upload to a third party, post, transmit, distribute or create derivative works whether in whole or in part of any materials for any commercial purpose without prior written consent from MobileLigent. All revenues derived by you from unauthorized use shall belong solely to MobileLigent.
  • You understand and agree that the services provided on www.Mcards.com.au may include advertisements and that these advertisements are necessary for MobileLigent to provide the services. You understand and agree that the website includes these advertisements and that these communications are considered part of www.Mcards.com.au membership.
  • Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services or those advertised via an email from Mcards.com.au, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mcards.com.au shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with advertisers. These dealings with advertisers may result in you paying for the service that they provide.

You must NOT carry out, participate in or promote or facilitate the carrying out or participating in any of the following acts :

  • You must not use www.MCards.com.au for any activities, post or transmit to or via www.MCards.com.au any information/materials which breach any laws or regulations, infringe a third party’s rights or privacy (including but not limited to intellectual property rights), or are contrary to any relevant standards or codes.
  • You must not use www.MCards.com.au such that cause the whole or part of it to be damaged, interrupted and turn into less efficient or to in any way weaken its effectiveness or functionality.
  • You must not use www.MCards.com.au in a way or post to or transmit to or via www.MCards.com.au any material which interferes with other users or defames, harasses, threatens, menaces, offends, restricts any person or which inhibits any other user from using www.MCards.com.au or the Internet.
  • You must not use www.MCards.com.au for any unauthorized access attempt to any part or component of the website or that of any third party.
  • You must not forge or hide your true identity.
  • You must not use www.MCards.com.au to send unsolicited electronic mail or SMS messages to anyone.
  • You must not make any fraudulent or speculative enquiries, reservations, bookings or requests using www.mcards.com.au.
  • You must not use another person's name or credential login details without permission.

User Licence

Subject to the Terms and Conditions set forth in this agreement, MobileLigent grants you a non-exclusive, non-transferable, limited right to access, view, use and display the Sites, the Services and the materials thereon on your computer, mobile phone, or other internet compatible or mobile device, provided that you comply fully with these Terms and Conditions.


Ownership Restrictions

MobileLigent owns, solely and exclusively, all rights, title and interest in and to the Sites and Services. That includes the rights to all material and content thereon (other than that which users may submit to us), including without limitation graphics, audio, video, text, code and data. In addition, MobileLigent owns in the same manner all rights to the feel, look, design and organization of the Sites and the Services. MobileLigent rights include but are not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. You agree to abide by all restrictions displayed on the Sites and in connection with the Services. Your use of the Sites or Services does not grant to you ownership of any Content you may access or use


Termination or Cancellation Of Account

If you cancel your account for any reason, or if your account is terminated because of your breach of our TCU, MobileLigent will not refund any of your fees paid to date or any reward points that you have accumulated. To cancel your subscription or your account, email us at support(at)mcards.com.au. Upon cancellation, expiration or termination of your membership, any outstanding credits/reward points in your account, which have not at that time been specifically applied towards purchases, will no longer be accessible to or usable by you for any purpose.

Also, in the event of a termination of your membership, MobileLigent may, in its sole discretion: (i) delete any of your created content, and MobileLigent will have no liability to you or any third party for doing so and (ii) not allow you to access your profile, create, market or sell any content.


Termination

You agree that MobileLigent may, under certain circumstances and without prior notice, immediately terminate your MCards account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TCU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity and/or (g) engagement by you in fraudulent or illegal activities. Termination of your www.Mcards.com.au account includes removal of access to all offerings within the Service and barring of further use of the Services. Further, you agree that all terminations for cause shall be made in MobileLigent's sole discretion and that MobileLigent shall not be liable to you or any third party for any termination of your account or access to the Services.


No Resale of Service

The Sites and the Services are for your personal, internal and noncommercial use only (except where specifically and expressly permitted and/or stated). You may not download, copy, distribute, display, reproduce, create derivative works from, transmit, sell or publish material or content obtained from the Sites or the Services for any public or commercial use without the express written permission of MobileLigent or the applicable rights holder. You may view and send single copies of Content only for your personal, non-commercial use only, provided that you maintain all copyright and other notices in compliance with the MobileLigent TOS. MobileLigent will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.


Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MobileLigent has no control over such sites and resources, you acknowledge and agree that MobileLigent is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MobileLigent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, products or other materials available on or through any such site or resource.


Copyrights and Other Intellectual Property Rights

All copies or print out of www.MCards.com.au website must include the copyright notice "© MobileLigent".

MobileLigent has no knowledge of any infringement of copyright on www.MCards.com.au website, or in the products that we provide. If you believe MobileLigent have infringed your copyright or trademark, please contact MobileLigent at support(at)mcards.com.au. MobileLigent can then remove the offending material and fix the issue as soon as possible.

All content, including but not limited to text, software, music, sound, photographs, graphics, images, video, audio clips, games etc. presented on this website or advertisers site (whether in whole or in part) is protected by local and international copyrights, trademarks, patents or other proprietary rights and laws and is owned or licensed to MobileLigent and is vested in MobileLigent or MobileLigent’s licensors.


Our Rights

From time to time, MobileLigent may change these Terms & Conditions of Use AND Privacy Statement without any notice. Thereafter, your continued use of the website will constitute acceptance of such changes. MobileLigent reserves the right to terminate immediately your use and access to the website without further notice if you do not accept such changes.

MobileLigent reserves the right to:

  • Deny access to all of part of the website.
  • Modify or discontinue temporary or permanently the website without notice.
You acknowledge and accept any modification or termination of the website and confirm that MobileLigent shall not be liable to you or any third party.


© MobileLigent Team. All Rights Reserved.
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