Last Updated: September 1, 2024
1. About Our Terms
1.1. These terms and conditions of use (Terms) explain how you may use this website and any of its Content (our website). These Terms apply between Blueberry Agency Pty Ltd trading as MoveData (we, us or our) and you, the person accessing or using our website (you or your).
1.2. You should read these Terms carefully before using our website. By using our website or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using our website immediately.
1.3. If you order any goods, services or digital content from our website, separate terms and conditions will apply as set out in our Terms of Service, Professional Services Terms or any other agreement agreed with you (for example when you purchase our professional services).
2. About Us
2.1. We are Blueberry Agency Pty Ltd trading as MoveData, a company registered in Australia. Our registered office is at Level 10/418A Elizabeth St Surry Hills NSW 2010 Australia.
2.2. If you have any questions about our website, please contact us by sending an email to legal@movedata.io.
3. Using Our Website
3.1. Our website is for your use only. You acknowledge that (a) you exclusively are responsible for and control the timing, content, and distribution of all telephonic or electronic communications made or initiated to any person or entity in connection with your use of our website, and (b) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of our website comply with all laws and regulations, before you make or initiate any telephonic or electronic communication through our website.
3.2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our website.
3.3. As a condition of your use of our website, you agree to comply with our Acceptable Use Policy available in section 4 below.
3.4. We may prevent or suspend your access to our website if you do not comply with these Terms or any applicable law.
4. Acceptable Use Policy
4.1. We permit you to use our website for booking demos of our services, accessing information about us, our services, our partners and other related information. Use of our website in any other way, including any unacceptable use set out in this section, is not permitted.
4.2. As a condition of your use of our website, you agree not to use our website:
4.2.1. For any purpose that is unlawful under any applicable law or prohibited by these Terms; or
4.2.2. To commit any act of fraud; or
4.2.3. To misuse or attack our website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); or
4.2.4. To attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website; or
4.2.5. To distribute viruses or malware or other similar harmful software code; or
4.2.6. In any manner that infringes our or another person’s intellectual property or proprietary rights; or
4.2.7. In any manner that insinuates or portrays association or connection with us including but not limited to the use of our logo, trademark or name without our expressly written permission; or
4.2.8. For purposes of promoting unsolicited advertising or sending spam; or
4.2.9. To simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); or
4.2.10. In any manner that disrupts the operation of our website or business or our website or business of any other entity; or
4.2.11. In any manner that harms minors; or
4.2.12. To breach any law or legal guidelines; or
4.2.13. To promote any unlawful activity; or
4.2.14. To represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or
4.2.15. To gain unauthorised access to or use of computers, data, systems, accounts or networks; or
4.2.16. To attempt to circumvent password or user authentication methods.
4.3. You may create a link to our website from another website without our prior written consent provided no such link:
4.3.1. Creates a frame or any other browser or border environment around the Content of our website; or
4.3.1. Implies that we endorse your products or services or any of the products or services of, or available through, our website on which you place a link to our website; or
4.3.1. Displays any of the trademarks or logos used on our website without our permission or that of the owner of such trademarks or logos; or
4.3.1. Is placed on a website that itself breaches these Terms or any of our policies and terms
4.4. You agree to not attempt to gain unauthorised access to any part of our website, the server on which our Website is stored, or any other server, computer, or database connected to our Website.
4.5. By using our website, you agree to indemnify, hold harmless and defend MoveData and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of our website, including but not limited to ( a) acts and/or omissions on or off our website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to our website; (c) breach of these Terms; (d) use and/or misuse of our website, including without limitation any information, Content and/or materials thereon; (e) violation of any applicable law or regulation; (f) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (g) misstatements and/or misrepresentations; (h) use of links to third party websites, including without limitation such websites’ availability, terms and conditions, privacy policy, information, Content, materials, advertising, products and/or services; (i) user information and any acts or omissions with respect to such user information; (j) use of any information in third-party reports and/or (k) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through our website. You further agree that you will cooperate as requested by Us in the defence of such claims. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and you shall not in any event, settle any claim or matter on our behalf without our written consent.
4.6. You must not engage in activities that are detrimental to our website or its functionality. You shall not take actions to bypass our security measures or gain unauthorised access to our Content or any other user’s Content, reverse engineer or take apart our website.
4.7. We reserve the right, but does not undertake the obligation, to monitor use of our website or any Content, and to investigate and take appropriate legal action against any party that uses our website or any Content in violation of these Terms or applicable law. We reserve the right to accept, reject or modify any content or information from you, but assumes no liability based on its acceptance, rejection, modification or failure to modify any content or information from you.
4.8. In the event of any breach of the terms in these Terms, we reserve the right to explore all legal and equitable remedies available to us.
5. Infringing Content
5.1. We will use reasonable efforts to:
5.1.1. Ban users who uses our website in an inappropriate manner or in breach of these Terms; and
5.1.2. Identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
5.2. If you believe that any Content which is distributed or published by our website is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately at legal@movedata.io.
6. Your Privacy And Personal Information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal data we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal data.
7. Ownership, Use And Intellectual Property Rights
7.1. The intellectual property rights in our website and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from our website (Content) are owned by us and our licensors.
7.2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
7.3. Nothing in these Terms grants you any legal rights in our website or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on our website or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within our website or the Content.
7.4. Suggestions: You hereby grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual licence to use or incorporate into our website and/or our products, services or offerings any suggestions, enhancement requests, recommendations or other feedback provided by you to us.
7.5. Trademarks: MoveData, the MoveData Logo, Content and all MoveData product names are trademarks and services marks of MoveData (collectively “MoveData Trademarks”), and third-party logos and product names are trademarks and service marks of third parties (collectively “Third Party Trademarks”) and nothing in these Terms shall be construed as granting any licence or right to use the MoveData Trademarks without our prior written consent or the Third-Party Trademarks.
8. Submitting Information To Our Website
8.1. While we try to make sure that our website is secure, we do not actively monitor or check whether information supplied to us through our website is confidential, commercially sensitive or valuable.
8.2. Other than any personal data which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through our website will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
9. Accuracy Of Information And Availability Of Our Website
9.1. We try to make sure that our website is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that our website will be fit or suitable for any purpose. Any reliance that you may place on the information on our website is at your own risk.
9.2. We may suspend or terminate access or operation of our website at any time as we see fit.
9.3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgement when using our website and its Content.
9.4. While we try to make sure that our website is available for your use, we do not promise that our website will be available at all times or that your use of our website will be uninterrupted.
10. Hyperlinks And Third-party Websites
Our website may contain hyperlinks or references to third party advertising and websites other than our website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third-party website may be governed by the terms and conditions of that third-party website and is at your own risk.
11. LIMITATION OF LIABILITY AND WARRANTY
11.1. WARRANTY DISCLAIMER: OUR WEBSITE AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE MAKE NO WARRANTY THAT OUR WEBSITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, WE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF OUR WEBSITE AND ITS CONTENT RESTS WITH YOU. WE AND OUR SUPPLIERS OR LICENSORS WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT CONTAINED ON THE SITE. WE MAKES NO REPRESENTATION OR WARRANTY THAT OUR WEBSITE WILL BE UNINTERRUPTED, OR THAT OUR WEBSITE AND ITS CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
11.2. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES). NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR ANY DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT THE LAW DOES NOT ALLOW US TO EXCLUDE OR LIMIT.
12. Events Beyond Our Control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
13. No Third-Party Rights
No one other than us or you have any right to enforce any of these Terms.
14. Variation
14.1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this section 14.
14.2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on our website and by continuing to use and access our website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
15. Complaints
15.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible through legal@movedata.io.
15.2. Notwithstanding the provisions of section 15.1, for any and all grievances, disputes, claims, or controversies you may have against Blueberry Agency Pty Ltd trading as MoveData (“Disputes”), Before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the dispute informally by sending an email to legal@movedata.io with the subject “pre-action dispute notice”. the email should contain your name, your email address, a detailed description of your grievance and claims, and a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the dispute within forty-five (45) days after receiving your pre-action dispute notice, then you may pursue resolution of the dispute in accordance with this section 15.
15.3. The laws of Australia apply to these Terms and the contract formed through it, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
15.4. The parties agree that any dispute arising out of or in connection with these Terms or the performance, validity or enforceability of it will be finally resolved by the courts of Australia, who have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
15.5. The parties agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither party will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which either party acts or proposes to act in a representative capacity. The parties further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the parties to these Terms.