TERMS & CONDITIONS
Revised: May 2016
These Terms of Service define the terms by which you may use the mybos.com and mybos.com.au website (including their various subdomains) (“Website”) and related software service (the “Service”), and are an agreement between you and MYBOS Pty Limited (ACN 22 160 346 654) (the Company, Website and Service are collectively referenced as “we” or “us”). By using this Website and Service, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. If you do not agree to these Terms of Service, you should not use this Website and/or Service.
Our Service enables users to efficiently manage their residential strata buildings. The Service is intended for use by Building Facilities Managers, Property Manager and Strata Management professionals within an organisation and residents. The Service combines the simple to use and durable mobile working solution with a remodelled high performance back -end system optimised to provide a convenient package covering the full spectrum of tasks that building managers, concierge staff and supervisors need to successfully manage day to day requirements of a residential building complex.
When you register, you will be provided a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email. If you suspect any unauthorised use of your account or contact us.
All information provided by you in your registration must be truthful and complete. We may suspend your registration with notice if we have any reason to believe that you have provided us with false information. Only adults, who are at least eighteen (18) years of age, are eligible to register and use our Website and Service. In addition, you must be fully competent to enter into and comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By registering and using our Website and Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.
We grant access to use our System on per-organisation basis. The initial Client account created for an organisation becomes a “System Administrator” account, with the ability to create building manager accounts within your organisation.
You may not share, sell, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, or display our Services. The Services and the underlying software platform (the “Software” contain our trade secrets and in order to protect those trade secrets, you agree not to take any action to reverse engineer, compile, translate, disassemble, copy or create derivative works of the Software in whole or in part, nor to permit any third party to do so.
You may cancel your subscription at any time after the term contract has expired by contacting us via email or phone.
Operation of our Website and Service
We make commercially reasonable efforts to maintain our Website and Service and to keep them operating on a 24 hour, 7 day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will assign technicians to address and resolve the issue(s).
If you become aware of an error, bug, or other technical problem, then you should notify us immediately and provide us with the following information:
1. Description of the Incident – The specific sequence of events which generated the incident and a full description.
2. Description of Error Message – The exact wording of any error messages, if applicable.
3. Description of Discovery of Incident – Any special circumstances surrounding the discovery of the incident which you are seeking technical support.
We cannot guarantee that you access to the Website or Service will be uninterrupted, or that the Website and Service will be available at all times. We disclaim any liability or responsibility for any delay, interruption, or downtime. We make commercially reasonable efforts to ensure that our Website and Service are protected from viruses, malware and other destructive software, but we cannot guarantee that either will at all times be free from viruses. We urge you to use reasonable care in downloading information. We can
assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website and Service, or as a result of downloading from the Website and Service.
Acceptable Use Policy
Our website and Service should only be used for lawful purposes. We specifically prohibit any other use of the Website and Service, including but not limited to the following:
1. Posting or submitting to the Website and Service any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity.
2. Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Service.
3. Sending unsolicited emails or other communications through our Service to third parties.
4. Posting content or initiating communications with are unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable.
5. Using the Website or Service for any illegal purpose.
6. Uploading or sending infringing content through the Service.
7. Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s or our software platform’s infrastructure, servers, data or network or those of any third party via our Service.
8. Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or Service other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, Safari, and Google Chrome)
10. Uploading any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or Service, or of any computer software, hardware, or telecommunications equipment.
11. Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website or Service.
12. Using any means of automatically searching or mining data from the Website or Service, or in any way attempting to interfere with the proper working of the Website or Service.
13. Attempting to scrape or access the Service through automated means other than an official API that we provide you.
We reserve the right to suspend or cancel the account of any user who does not appropriately use the Website or Service. If you become aware of any inappropriate use of our Website or Service, please notify us by email at firstname.lastname@example.org.
Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. Materials contained on the Website are protected under copyright and other laws of Australia and under international conventions and similar laws abroad. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, which is in any way relevant to this Website or Service, then please notify us immediately, providing the following information:
1. The name of the owner of the intellectual property and a signature of the person authorised to act on behalf of the intellectual property interest, which is alleged to be infringed.
2. A description of the intellectual property right that you claim has been infringed.
3. A description of where the allegedly infringing item is located on the Website or Service.
4. Your address, telephone number, and email address.
5. A statement by you confirming that you are the intellectual property owner or are authorised to act on the intellectual property owner’s behalf, made under penalty of perjury.
Please contact us with matters relating to Intellectual Property Infringement Complaints by email at email@example.com
Your dealings with any third party with whom you connect or do business through our Service are solely between you and such third party. Our Service provides the tools by which you can communicate effectively and professionally which such third parties, but we are not a party to any agreement that you enter into with a third party through our Service, nor are we in any way involved with such third party relationships.
You are solely responsible or liable for exercising common sense and reasonable caution in any dealing with any third party business, individual, or platform, which whom you are connected through this Service. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of your interactions with such third parties. You assume the sole risk of loss and liability for your interaction with any third party. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issues.
Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about our Website and Services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Services at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Service, you grant us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
Governing Law; Dispute Resolution
The Website and our Service are controlled by MYBOS Pty Limited (ACN 160 346 654) in Australia. These Terms of Service and any agreements with MYBOS Pty Limited shall be
governed and construed in accordance with the laws of Australia. All disputed arising under this Agreement will be heard in NSW and resolved in accordance with Australian law.
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or Services, please contact us at:
MYBOS Pty Limited
Address: 17/52 Holker St Silverwater NSW 2128, Australia
Phone: 1300 481 762