Terms and Conditions

USER TERMS AND CONDITIONS

These terms and conditions (“Terms”) govern your use of the MiMOR Plus website (“Website”) owned and managed by Mimor Settlement Pack Solutions Pty Ltd (ACN 653 097 128) as trustee for MIMORSPS Unit Trust (“MiMOR Plus”). By using the Website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Website. Your use of the Website is subject to these Terms.

  1. Application

1.1 These Terms govern your use of the MiMOR Plus website, www.mimorplus.com (“Website”), which is owned and managed by Mimor Settlement Pack Solutions Pty Ltd (ACN 653 097 128) as trustee for MIMORSPS Unit Trust (“MiMOR Plus”).

1.2 By using the MiMOR Plus website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website. For the avoidance of doubt, your use of the MiMOR Plus website is subject to these terms and conditions.

  1. Eligibility

2.1 You must be over 18 years of age to use the MiMOR Plus website.

2.2 If you are not over 18 years of age, you must obtain your parent or guardian’s consent to use the MiMOR Plus website.

2.3 By using the MiMOR Plus website, and by agreeing to these terms and conditions, you warrant and represent that: (i) you are at least 18 years of age; or (ii) you have your parent or guardian’s consent to use the MiMOR Plus website.

  1. Conduct

3.1 The MiMOR Plus website is designed to be an online destination for residents of a building to access booking inspection times, upload pictures and a description of any defects, building information, appliance manuals and information or any other manuals and other building related information. The MiMOR Plus website is designed to make access to such processes and building information easier and smoother for you.

3.2 However, it is not to be used for commercial purposes. You are only authorized to use the MiMOR Plus website to access the above building related material and information for your own personal, non-commercial purposes.

3.3 In using the MiMOR Plus website, you agree that you will not:

(a) post content that is:
(i) hate speech or racially offensive;
(ii) threatening, intimidating or abusive;
(iii) pornographic, profane or contains nudity or graphic or gratuitous violence;
(iv) likely to or intended to incite violence;

(b) use the MiMOR Plus website for any improper or unlawful purpose, including:
(i) stalking, harassing, bullying or discriminating against other users;
(ii) misleading or deceptive conduct, defamation, or a breach of confidence.

(c) impersonate any other person or entity while using the MiMOR Plus website;

(d) upload viruses or other malicious code designed to damage or infect the MiMOR Plus website;

(e) post any links to other websites on the MiMOR Plus website;

(f) do anything that could disable, overburden, or impair the proper working or appearance of the MiMOR Plus website;

(g) copy or reverse engineer the MiMOR Plus website or any aspect of the MiMOR Plus website;

(h) collect content from the MiMOR Plus website via any manual or automated means (including harvesting bots, robots, spiders, or scrapers);

(i) post unauthorized commercial communications (such as ‘spam’

or advertisements) on the MiMOR Plus website; or

(j) demand payment or ransom from MiMOR Plus.

  1. Anti-Spam

4.1 You must not use any personal information (including, but not limited to, names, locations, phone numbers, and any email addresses) that appear on the MiMOR Plus website to send (or infer consent to send) unsolicited commercial electronic messages or other communications from you or other third parties.

  1. Sign-on Credentials

5.1 You are required to register or sign-on as a user to access the MiMOR Plus website. You may need to provide an ID, username, password, or other sign-on credentials when doing so.

5.2 You must ensure that you keep your sign-on credentials secret and confidential and that you do not disclose them to anyone as you are responsible for all activities undertaken under your sign-on credentials.

5.3 It is your responsibility to notify MiMOR Plus immediately of any unauthorized use of your sign-on credentials as soon as you become aware of it. You must advise MiMOR Plus if you disclose (whether deliberately or inadvertently) to any third party details of your sign-on credentials.

5.4 You must not transfer your sign-on credentials to anyone without first obtaining MiMOR Plus’s permission.

5.5 MiMOR Plus reserves the right to restrict access to areas of this website at its discretion.

5.6 MiMOR Plus may disable your user ID and password in its sole discretion without notice or explanation.

  1. Intellectual Property

6.1 You must not copy, modify, or transmit any material or content from the MiMOR Plus website without MiMOR Plus’s consent. In particular, you must not incorporate any material from any part of the MiMOR Plus website in any commercial work or publication, and no material, content, or data from the MiMOR Plus website may be distributed or copied for any commercial purpose.

6.2 You may save, print, or reproduce copy from the MiMOR Plus website solely for your personal (non-commercial) information.

6.3 The MiMOR Plus website may contain trademark or other intellectual property which may be registered or otherwise protected by law. You are not permitted to copy or use these trademark or other intellectual property.

6.4 Where you are invited or able to submit a contribution to the MiMOR Plus website (including text, photographs, graphics, video, or audio), you agree that by submitting your contribution, you warrant to MIMORSPS that your contribution is not defamatory and does not infringe any law or these terms and conditions.

6.5 Unless otherwise stated, MiMOR Plus owns all right, title, and interest, including all related intellectual property rights in and to the MiMOR Plus website and material, content, or data uploaded to, transferred through, publicly posted to, processed or entered into the MiMOR Plus website. Subject to the license above in clause 6.2, all these intellectual property rights are reserved.

6.6 For the avoidance of doubt, these terms and conditions do not grant to you any rights of ownership in or related to any material, content, or data uploaded to, transferred through, publicly posted to, processed, or entered into the MiMOR Plus website.

  1. Availability and Updates to the Service

7.1 MiMOR Plus will use its best efforts to provide you with uninterrupted access to the MiMOR Plus website.

7.2 MiMOR Plus will endeavor to provide reasonable notice in advance to you of any planned periods of disruption to the Service.

7.3 Notwithstanding the above, MiMOR Plus reserves the right to update and modify features of the MiMOR Plus website at any time

without notice.

  1. Representations by You

8.1 You represent and warrant that you have not provided any false information to gain access to the MiMOR Plus website.

  1. Internet Delays and Force Majeure Events

9.1 Use of the MiMOR Plus website may be subject to limitations, delays, outages, and other problems inherent in the use of the internet and electronic communications. You agree that MiMOR Plus is not responsible for any such delays, delivery failures, or other damage resulting from such problems.

9.2 MiMOR Plus will furthermore not be liable for any failure of its website, caused by other factors beyond its control (Force Majeure Events), and will not be liable for any damage or loss arising from such failure.

  1. No Liability for Content

10.1 MiMOR Plus may update any content on the MiMOR Plus website from time to time, without notice.

10.2 The MiMOR Plus website may contain links to other websites or systems, including social media channels. MiMOR Plus provides these links as a courtesy and ready reference for engaging with the MiMOR Plus website and not as an endorsement of any website or system, its operator, or any goods or services promoted. MiMOR Plus is not responsible for, and will not be liable in respect of, the content or operation of any other websites or systems.

10.3 Subject to any applicable law that cannot be excluded:

(a) you use the MiMOR Plus website at your own risk;

(b) MiMOR Plus provides you with access to the MiMOR Plus website without any express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement;

(c) MiMOR Plus does not guarantee, or make any representations or warranties that the MiMOR Plus website will be always safe, secure, complete, available, and free of errors;

(d) MiMOR Plus excludes all warranties, whether express or implied, in relation to the MiMOR Plus website and any goods or services accessible or promoted via the MiMOR Plus website.

10.4 MiMOR Plus is not liable for any loss or damage sustained by you for any indirect or consequential costs, loss or damage or loss of profits arising out of or in any way connected with your use, or inability to use, the MiMOR Plus website or any content obtained from or through the MiMOR Plus website, even if MiMOR Plus has been previously advised of the possibility of such loss or damage.

10.5 By using the MiMOR Plus website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

  1. Breach

11.1 MiMOR Plus may, at its sole and absolute discretion, delete any content from the MiMOR Plus website at any time.

11.2 Without prejudice to MiMOR Plus’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MiMOR Plus may take such action as it deems appropriate to deal with the breach, including suspending or blocking your access to the MiMOR Plus website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, deactivating any sign-on credentials you hold, and/or bringing court proceedings against you.

  1. Assignment

12.1 MiMOR Plus may transfer, sub-contract, or otherwise deal with MiMOR Plus’s rights and/or obligations under these terms and conditions without notifying you

or obtaining your consent.

12.2 You may not transfer, assign, or otherwise deal with your rights and/or obligations under these terms and conditions.

  1. New Owner

13.1 For the avoidance of doubt, if the ownership or control of all or part of the MIMORSPS website changes, MIMORSPS may transfer your information to the new owner.

  1. Privacy

14.1 MiMOR Plus respects your privacy. Any personal information you submit while using the MiMOR Plus website will be collected, used, and disclosed in accordance with the MiMOR Plus privacy policy (which is located at http://www.mimorplus.com.au/privacy). The MiMOR Plus privacy policy contains information about how you may access and seek correction of your personal information, how you can complain about a breach of your privacy, and how the complaint will be dealt with.

14.2 In certain limited situations, the information that you submit while using the MiMOR Plus website may be made available to third parties in accordance with the MiMOR Plus privacy policy.

14.3 It is your responsibility to keep your personal details, including contact information, accurate and up-to-date so MiMOR Plus can most effectively communicate with you and operate the MiMOR Plus website for your benefit.

  1. General

15.1 These terms and conditions may be updated or changed by MiMOR Plus at any time. MiMOR Plus will post or link to any new terms and conditions on the MiMOR Plus website. Your continued use of the MiMOR Plus website constitutes acceptance of the amended terms and conditions. If you object to any changes to the amended terms and conditions, your only remedy is to discontinue your use of the MiMOR Plus website and terminate your account.

15.2 These terms and conditions are governed by the laws of the State of Victoria, Australia, and you submit to the exclusive jurisdiction of the Victorian courts.

15.3 Any term or condition that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining terms and conditions enforceable.

15.4 Any partial exercise, failure to exercise, or delay in exercising a power, right, or remedy provided under these terms and conditions, or by law, does not constitute a waiver of that power, right, or remedy.