Mum & Babe Terms and conditions
| 10 |
Disclaimers |
| 10.1 |
You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation; |
| 10.2 |
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Mum & Babe, or any software used on Mum & Babe, and that you will not permit any other person to do so. |
| 10.3 |
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. |
| 10.4 |
Examples of violations are: |
| 10.4.1 |
accessing data unlawfully or without consent; |
| 10.4.2 |
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; |
| 10.4.3 |
attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; |
| 10.4.4 |
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; |
| 10.4.5 |
taking any action in order to obtain Goods to which you are not entitled. |
| 10.5 |
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of: |
| 10.5.1 |
any violation of system security as set out above; |
| 10.5.2 |
your use of Mum & Babe; |
| 10.5.3 |
any other breach or violation of this agreement by you; |
| 10.5.4 |
the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications. |
| 11 |
Indemnity |
| You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Mum & Babe, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. |
| 12 |
Contractual Limitation |
| Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such goods. |
| 13 |
Rights of third parties |
| Nothing in this agreement or on Mum & Babe shall confer on any third party any benefit. |
| 14 |
Severability |
| If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. |
| 15 |
No Waiver |
| No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. |
| 16 |
Dispute Resolution |
| In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. |
| 17 |
Force majeure |
| We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees. |
| 18 |
Governing Law |
| This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. |
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