1.1 To access and use the Platform, you must first register yourself as a user. You must ensure that all information you provide to us through the platform at any time (not just during the registration process) is accurate, complete and not misleading, and you must change this information if it changes.
1.2 You must be at least 18 years of age to access and use the Platform, and by registering as a user on the Platform, you warrant that you satisfy this requirement.
1.3 You must keep your password secret. You acknowledge and agree that we are entitled to assume that any access or use of the Platform that occurs using your username and password, has been by you personally.
1.4 The rights granted to you in relation to the Platform are personal to you. You must not assign, or purport to assign, any rights you have under these TOS or your rights to access and use the Platform.
1.5 It is your responsibility to locate, select, enrol, manage and monitor the activities of end user customers (End Users) and merchants (Merchants) who conduct transactions on the Platform. You are licensed to access and use the Platform for the purpose only of facilitating transactions between Merchants and End Users that are directly connected with [list or refer to building or geography limitations]. You acknowledge that it is your responsibility to ensure that all End Users and Merchants comply at all times with the Acceptable Use Policy (online at www.majitek.com/plaza/aup.html) (AUP), as updated by us from time time.
1.6 We may tailor the Platform based on the information you provide to us at the time of initial registration and as updated by you from time to time. This may result in some parts of the Platform either being made available to you, or being suppressed. It may also result in you receiving, through the Platform and/or by email, targeted information and offers which we think might be of interest to you. Through the functionality on the Platform, you may elect to opt out of receiving email offers from us.
1.7 The information and data you provide to us, and the history of the transactions conducted through the Platform (collectively, Data) by you or by the End Users or Merchants, will be available to you only during the period that you continue to be a registered user of the Platform. You acknowledge that we, and our technology providers and payment gateway operators, may use the Data for the purpose of operating the Platform and related business activities, and we have the right to disclose the Data to them for this purpose. If your right to use the Platform is terminated or suspended for any reason, you will no longer have access to any of the Data. Except to the extent otherwise required by law, you acknowledge we have no obligation to provide the Data to you after your right to use the Platform has been terminated or suspended.
1.8 You acknowledge that the Data may be processed, stored and transmitted without encryption and may: (a) be transmitted over various networks; (b) pass through, be processed and/or be stored on, facilities, equipment and infrastructure of third parties in various countries around the world; and (c) be transformed and adapted for compatibility with other networks and devices.
1.9 You may access the Platform using the applications program interface (API) details made available by us. However, you acknowledge that:
1.10 You must not:
2.1 You acknowledge the Platform will be used by End Users to purchase goods and services from Merchants (Transactions), and that the contract for each Transaction will be formed directly between the End User (as purchaser) and the Merchant (as seller). You acknowledge we have no responsibility or liability in respect of any Transaction, and that you will resolve, with the relevant End User and/or Merchant, any dispute that may arise in relation to any Transaction.
2.2 You are required to pay fees to us in connection with your use of the Platform. The fees you are required to pay to us, and the payment terms, are set out here [insert hyperlink]. Payment must be made by [any credit card? Including AMEX?]. We may change the fees at any time, by notifying you of the amended fees. All fees are exclusive of all taxes, levies and duties imposed by any applicable government or regulatory body. The fees are not refundable in the event your use of the Platform is suspended or terminated for any reason.
3.1 You must not use the Platform, or allow any End User or Merchant to use the Platform, for any illegal or offensive purpose, or to retrieve, store, manipulate, process, transmit, display or forward any content that is illegal or offensive.
3.2 It is your responsibility to monitor the Platform and immediately remove any content that may not comply with section 3.1. You acknowledge that we are relying upon you regularly monitoring the Platform and immediately removing all inappropriate content.
3.3 It is your responsibility to ensure that use of the Platform by you, and by each End User and Merchant, complies with all applicable laws and regulations.
4.1 You must not use the Platform to (or cause or allow the Platform to), disrupt or to harm (or to attempt to disrupt or to harm) any computer systems or networks of any person or entity.
5.1 You acknowledge it is your responsibility to ensure that each End User and each Merchant complies at all times with the AUP. You hereby irrevocably indemnify us against any loss, cost, damage or expense (including our legal costs and associated costs of investigations and enforcement) arising directly or indirectly from: (a) breach of these TOS by you; (b) breach of the AUP by any End User or Merchant; or (c) use of the Platform by you or by any End User or Merchant.
5.2 You agree that we may, without notice to you, investigate use of the Platform (either on a random basis, or where we have reason to do so) to verify that you are complying with the requirements of these TOS.
5.3 If we consider that any content on the Platform (including data that belongs, or otherwise relates, to you or any End User or Merchant) may be in breach of these TOS or the AUP or may contain a computer virus or other harmful content, we may remove that content or data from the Platform, without any liability to you.
5.4 We cooperate with all relevant law enforcement authorities and may, amongst other things, provide information to them upon their request, or report to them activities or content that we consider may be in breach of any legal requirement or otherwise harmful or inappropriate.
6.1 You acknowledge that we may vary or discontinue your use of the Platform at any time at our discretion, without any liability to you. We have no obligation to make the Platform, or any particular aspect of it, available to you in the future. We may also vary or discontinue use of the Platform by any End User or Merchant at any time at our discretion, without any liability to you. The Platform is provided to you at your risk and as is and as available, without warranty of any kind (except for any warranties implied by law that cannot be excluded). We do not warrant that use of the Platform will be secure, uninterrupted, error-free or available in a timely manner. It is your responsibility to verify that the Platform, and the Transactions you propose to conduct using the Platform, are suitable for your intended purpose.
6.2 You agree that we will have no liability to you (in respect of these TOS, the Platform or the Transactions) in any circumstances for any direct, indirect, incidental, special or consequential loss or damage, or for any loss of or damage to reputation, business, revenue, profit or data.
6.3 We may vary these TOS at any time. We will let you know when these TOS have been varied. You acknowledge that if you continue to access or use the Platform after we let you know these TOS have been varied, you do so subject to the terms and conditions of the varied TOS. If you do not accept the varied terms of these TOS, you must not continue to access or use the Platform.
6.4 We may authorise third parties to exercise any of the rights you have granted to us under these TOS. We may also subcontract fulfilment of our obligations under these TOS.
6.5 You acknowledge that all copyright and other intellectual property rights in and relating to the Platform and its content (Materials) remain our property, or remain the property of our technology providers, merchants and other business partners (as applicable). We grant you a revocable, non-exclusive licence to use such Materials but only to the extent necessary for you to access and use the Platform in the course of conducting Transactions.
6.6 We will own the intellectual property rights in any suggestions and feedback you or any End User or Merchant provides to us in relation to the Platform, free of any restrictions or limitations.
6.7 You are responsible for any taxes, duties, levies or any similar amounts or charges imposed by any applicable law or governmental authority in respect of your use of the Platform, or the Transactions you enter into (including Australian GST). You will immediately upon demand reimburse us for any such amounts that we are required to pay.
6.8 These TOS and your use of the Platform is subject to and will be interpreted in accordance with the laws of Victoria, Australia. Any dispute relating to the interpretation or enforcement of these TOS, or the Platform or the Transactions, will be resolved in the courts of Victoria and in any applicable courts of appeal.
6.9 If any provision of these TOS are found to be unenforceable, the provision shall be modified or read down to the minimum extent necessary so that the provision becomes enforceable. If this is not possible, the provision shall be severed from these TOS, and the remaining provisions of these TOS will continue in full force and effect.
6.10 These TOS represent the entire agreement between you and us relating to the Platform and the Transactions. It supersedes and replaces any prior agreements, representations and understandings relating to the Platform and the Transactions. Any delay or failure by us, or our technology providers, to enforce any right or obligation under these TOS shall not constitute a waiver of any such right or obligation.
6.11 Upon the termination of these TOS the terms and conditions which, by their nature are intended to survive termination, shall survive.
Majitek may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Leap Plaza account owner information or by placing a prominent notice on our site. The latest version of this policy can be found online at www.majitek.com/plaza/terms.html.
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