Legal

Terms of Use

Last updated 9 May 2023.

These terms are between you and Dumont Pty Ltd (ACN 699 956 271), which provides Moveezi. In these terms, "Moveezi" refers to the Moveezi product and website; the contracting party is Dumont Pty Ltd.

Acceptance of these Terms and Conditions

You may only access and use the Moveezi Sites if you agree with and comply with these Terms and Conditions and the Moveezi Privacy Policy (together the "Terms and Conditions").

Please read these Terms and Conditions carefully before using any Moveezi Site

Your use of the Moveezi Sites constitutes your agreement to the Terms and Conditions regardless of whether you have registered for an account on a Moveezi Site.

Moveezi reserves the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.

If you choose not to be bound by these Terms and Conditions, or any amendment to the Terms and Conditions at any time, you must stop using the Moveezi Sites immediately. Your continued use of the Moveezi Sites following our posting of any amendment to these Terms and Conditions will be deemed acceptance of that amendment.

Additional Terms and Conditions

Additional terms and conditions, including the Terms of Sale, may apply to the purchase of goods and services available via the Moveezi Sites. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms and Conditions. If there is any conflict between these Terms and Conditions and the terms applicable to a specific portion of a Moveezi Site or for any good or service offered through a Moveezi Site, the latter terms will control with respect to your use of that portion of that Moveezi Site or the purchase of that good or service.

Technical Requirements

You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Moveezi Sites.

Use of the Moveezi Sites When using the Moveezi Sites, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on a Moveezi Site, or make any commercial use of a Moveezi Site, without the prior written permission. To request permission email us at [email protected]

To access some parts of the Moveezi Sites or to procure certain goods or services via a Moveezi Site you may need to create an account.

Account holders must:

  • (a) provide accurate and complete information when creating an account;
  • (b) update details where necessary to maintain accurate and complete information;
  • (c) keep all login and password details confidential; and
  • (d) immediately notify Moveezi if the account holder becomes aware of any unauthorised access to or use of a Moveezi Site in breach of these Terms.

Account holders acknowledge that:

  • (a) account holders are responsible for all use of their login and password details whether authorised or not;
  • (b) Moveezi may, at any time, cancel an account, username, login details, or password with respect to the use of a Moveezi Site; and
  • (c) Moveezi accepts no liability for any unauthorised use of an account.

From time to time, Moveezi may have to collect personal information about you in order to operate a Moveezi Site. Please refer to the Moveezi Privacy Policy for information on how Moveezi collects, stores, uses and discloses personal information.

Intellectual property in content on the Moveezi Sites All intellectual property in the Moveezi Sites and in content on the Moveezi Sites is property of Moveezi or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.

You acknowledge that you have no right, title or interest in or to any aspect of any Moveezi Site

Moveezi does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Moveezi will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.

Trademarks

You must not use any Moveezi trademarks without the prior written approval. To make a request email us at [email protected]

Prohibited Activity

Prohibited uses of the Moveezi Sites include, but are not limited to:

  • (a) violating these Terms and Conditions or any policy posted on a Moveezi Site;
  • (b) using the Moveezi Sites in a manner inconsistent with applicable policies, laws, statutes, and regulations;
  • (c) criminal or tortious activity or the infringement of intellectual property rights;
  • (d) circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of a Moveezi Site;
  • (e) deleting, circumventing or altering any legal notices, rights management information or technological protection measures;
  • (f) activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;
  • (g) interfering with the use of the Moveezi Sites by others, including but not limited to interfering with the computer systems which support the Moveezi Sites, overloading a service, engaging in a denial-of-service attack, or attempting to disable a host; or
  • (h) impersonating or falsely representing your association with any person or organisation.

Moveezi may take action (including legal action) against any person who, in Moveezi's determination, engages in any prohibited activity on or through a Moveezi Site. Moveezi reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.

Third party Websites

The Moveezi Sites may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Moveezi and Moveezi is not responsible for the content of these sites. Moveezi makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. Inclusion of any linked website on a Moveezi Site does not imply approval or endorsement of the linked website by Moveezi.

Termination

These Terms and Conditions are effective until terminated by Moveezi and Moveezi may terminate these Terms and Conditions without prior notice to you.

You can, at any time, deactivate your account on a Moveezi Site by visiting the support page on the relevant Moveezi Site and following the prompts to delete the account.

Limitation Of Liability

Moveezi does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However, Moveezi does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Moveezi Sites which may be excluded under law, custom or statute.

To the maximum extent permitted by law, Moveezi's liability in respect of any goods or services purchased from or through a Moveezi Site which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Moveezi for that good or service.

Moveezi will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access any Moveezi Site, even if Moveezi has been advised of the possibility of such damages or losses.

Disclaimer

The Moveezi Sites are provided as-is and as available. Subject to clause 11, Moveezi makes no warranties of any kind, express or implied, about the Moveezi Sites, or the goods and services provided through the Moveezi Sites, including but not limited to any warranties:

(a) about the accuracy and reliability of the material posted on the Moveezi Sites;

(b) that your access to the Moveezi Sites or the material on the Moveezi Sites will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.

Moveezi is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a Moveezi Site.

Moveezi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Moveezi is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on any Moveezi Site.

Moveezi reserves the right to modify, suspend, or terminate operation of or access to any Moveezi Site, or any portion of a Moveezi Site and to interrupt the operation of a Moveezi Site or any portion of a Moveezi Site as necessary to perform maintenance at any time, for any reason and without notice.

Indemnity

You indemnify Moveezi, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:

  • (a) any breach or alleged breach by you of these Terms and Conditions;
  • (b) your use of any Moveezi Site; and
  • (c) any violation of any law or the rights of any third party.

Waiver

Moveezi's failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Moveezi regarding your use of the Moveezi Sites, superseding any prior agreements between you and Moveezi relating to your use of the Moveezi Sites.

Severability

If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.

Rights and remedies cumulative

Moveezi's rights and remedies are cumulative and none of them limits any other remedy or right of Moveezi. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.

Assignment

Moveezi may assign its rights under these Terms and Conditions in whole or in part to any other person in Moveezi's absolute discretion.

Governing Law

These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

LAST UPDATED ON MAY 9TH, 2023.