Terms and Conditions of Use
Effective November 30, 2013
These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “Customer”) and Autodeck Pty. Ltd. (MechanicDesk).
1. Your Agreement with MechanicDesk
1.1 By completing signup and creating an account, you affirm that you are 16 years of age or older, and that you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws in your jurisdiction (including but not limited to copyright or trademark laws).
1.2 You understand and agree that MechanicDesk will treat your use of the MechanicDesk services as acceptance of the Terms and Conditions from that point onwards. If you do not agree with the terms and conditions as outlined in this document, you are prohibited from using the MechanicDesk site.
1.3 If MechanicDesk makes material changes to these Terms and Conditions, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current MechanicDesk Service, including the release of new tools and resources, shall be subject to the Terms and Conditions of Service. Continued use of the MechanicDesk Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.mechanicdesk.com.au/terms-and-conditions.html
1.4 Violation of any of the terms within this Terms and Conditions will result in the termination of you MechanicDesk account. You agree to use the MechanicDesk service at your own risk.
2. Your Account
2.1 You must be a living, breathing person. Accounts registered by “bots” or other automated methods are not permitted.
2.2 You must provide accurate and complete registration information whenever you register to use the MechanicDesk services.
2.3 You are responsible for the security of your passwords and for any use of your account. Should you become aware of any unauthorised use of your password or of your account, you agree to notify MechanicDesk immediately.
3. Your use of the MechanicDesk service
3.1 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the MechanicDesk Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MechanicDesk, in writing; or (b) attempt to disable or circumvent any security mechanisms used by the MechanicDesk Services or any applications running on the MechanicDesk Services. You accept that failure to comply with any of these conditions will result in instant termination of your MechanicDesk account.
3.2 You may not maliciously prevent other users from accessing their account and/or interfere with their use of the MechanicDesk services.
3.3 You agree that your purchases of MechanicDesk services are not contingent on the delivery of any future functionality or features dependant on any oral or written public comments made by MechanicDesk or any of its affiliates regarding future functionality or features.
3.4 You agree that text messages (SMS) are charged on a per-send basis, regardless of whether the number to which the text message is valid, or if the text message is undeliverable to the recipient for circumstances beyond MechanicDesk's control.
4. Payments and Refunds
4.1 All payments are final and non-refundable. MechanicDesk is a subscription based service. If you do choose to cancel your account in the future, you will not be charged again. However, you are responsible for charges already incurred up until the point of cancellation. There is no proration, unless otherwise agreed in writing by MechanicDesk, for partial periods.
5. Modifications to the Service and Prices
5.1 MechanicDesk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MechanicDesk service (or any part thereof) with or without notice.
5.2 Prices of all MechanicDesk services are subject to change upon prior notice from us. For monthly subscriptions, this notice will be no less than 30 days from the effective change date. For yearly subscriptions, this notice will also be no less than 30 days, with the change becoming effective at the end of the current yearly subscription period.
5.3 MechanicDesk shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the MechanicDesk service.
6. Limitation of Liability
6.1 You expressly understand and agree that MechanicDesk, its subsidiaries and affiliates and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you or your organisation, or members of such, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
6.2 The limitations on MechanicDesk’s liability to you in paragraph 6.1 above shall apply whether or not MechanicDesk has been advised of or should have been aware of the possibility of any such losses arising.
7. Revisions and Errata
7.1 The materials appearing on MechanicDesk’s web site could include technical, typographical, or photographic errors. MechanicDesk does not warrant that any of the materials on its web site are accurate, complete, or current. MechanicDesk may make changes to the materials contained on its web site at any time, MechanicDesk does not, however, make any commitment to update the materials.
8. Copyright Policy
8.2 You may not remove any copyright or other proprietary notations from the materials contained within the MechanicDesk Website without prior written agreement from MechanicDesk.
7.1 MechanicDesk has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MechanicDesk of the site. Use of any such linked web site is at the user’s own risk.
8.1 If you wish to terminate your MechanicDesk account, you may do so by sending an email to contact@MechanicDesk.com.au. After verification that you are indeed the account holder, your account will be cancelled. Note that this is a one time, irreversible action. Once your account is cancelled, all the data associated with your account will be immediately and permanently deleted.
9. Acts of God
9.1 MechanicDesk is not liable for any delay or failure (whether catastrophic or otherwise) under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
10. General Terms
10.1 You must not modify, adapt or hack the MechanicDesk service or modify another website as to falsely imply that it is associated with the MechanicDesk service.
10.2 You understand that MechanicDesk uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the MechanicDesk service.
10.3 You must not transmit any works or viruses or any code of a destructive nature
10.4 You must not upload, post, or transmit unsolicited email. SMSs or “spam” messages.
10.5 MechanicDesk does not guarantee that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results from the use of the service will be accurate and reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by you through the service will meet your expectations, and (e) any errors in the MechanicDesk service will be corrected.
10.6 Any questions regarding the Terms and Conditions should be sent to firstname.lastname@example.org.
This document is an adaptation of the Google App Engine Terms of Service. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse Autodeck Pty Ltd or its use of the work.