1.1This website ("Website") is owned and operated by Tech Resources Pty Ltd ("Mangocam", "We", "Us" or "Our"). By browsing, accessing or using the Website which includes purchasing Goods or Services available through the Website, you are agreeing to the following terms. Additional terms may apply in respect of our Goods.
1.2We may amend these terms at any time, and it is your responsibility to review them each time you visit or make use of the Website. If you do not agree with the terms, then you must cease viewing or using the Website. If you continue to view or use the Website, then you are deemed to have accepted these terms as updated.
2.1To use the Service and make any purchase of a subscription or Goods, you must be 18 years of age or over, or do so through your adult parent or guardian.
2.2To access the Website, or use the Services, you must have an Internet connection and appropriate and necessary computer equipment. Any purchase of Goods or Services via the Website does not include the provision of a computer or any other equipment or facilities to access the Website or use the Services.
2.3The Website, our Services are available internationally. You are responsible for the consequences and for compliance with all applicable laws and regulations in your country in relation to the use of the Services.
3.1In order to fully utilise our Services, you will be asked to create a Mangocam user account and nominate a password. It is your responsibility to keep your account password confidential.
3.2Your Mangocam account is personal to you and it must not be used by used by anyone else without our consent.
3.3If you are a company, then you must ensure that all users who have access to your Mangocam account have appropriate authority to do so.
3.4Anything done under your account will be deemed done by you including purchases made under your account. Therefore if you suspect that your account is compromised, you must notify us immediately.
3.5Any account that has not been active for a continuous period of 6 months will be deemed abandoned. All abandoned accounts including user data will be deleted automatically and this process is irreversible and all deleted data is irrecoverable.
4.1The Price for the Services will be specified at the Website when you place an Order. The Price is in Australia Dollar (AUD), Euro (EUR), United States Dollar (USD) and Bitcoin (BTC). The Price in AUD is inclusive of GST.
4.2The Price is subject to change by us to take into account any error or omission by us or any GST or government or statutory charges, taxes and duties.
4.3We accept payment via PayPal, Visa, Mastercard, American Express or Bitcoin.
5.1Expressions used in this clause and in A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as when used in the GST Act.
5.2In addition to the payment for the Goods or Services, you must also pay the GST payable in respect of the Goods or Services if you are an Australian resident.
5.3You are not obliged to pay the GST until we give you a valid tax invoice.
6.1All data processed or transmitted under your Mangocam account and the content thereof are deemed to be the property, and under the control, of the corresponding Mangocam account holder. You warrant that you own, or are authorised to deal with, all intellectual property rights that subsist in all such data and content. You authorise us to process your data and content and indemnify us against all cost, expenses, loss and damage suffered by us howsoever arising in respect of the use of your data and content for the purpose of providing you with the Services.
6.2If we receive notification from anyone that you are infringing any copyright, we will take appropriate actions including not limited to terminating, suspending and deleting your account as well as all infringing material from your account pursuant to Title II, the Online Copyright Infringement Liability Limitation Act.
6.3You, as the account holder, are solely responsible for maintaining your data at all times including, but not limited to, the maintenance and integrity of such as 'saves', 'shares', 'back ups', 'disclosures', 'deletions' or 'alterations'. We will not be held liable for any alterations or loss of data as a result of your own failure to take the recommended precautions.
7.1When using the Services or the Website you must not do anything that adversely affect the integrity, or interfere with the proper working, of the Services or the Website.
7.2During the course of your use of the Services, you must not transmit, distribute or store any viruses or any other material that:
(a)is of a sexually explicit nature;
(b)is of a harmful or discriminatory nature;
(c)facilitates, supports or incites illegal activity or violence;
(d)causes damage or injury to another party or property; or
(e)otherwise in contravention of the requirements of the Title 17 of the United States Code, the Australian Classification Board and Broadcasting Services Act 1992, and any other laws and regulations in your country
7.3The Services provided to you cannot be on-sold to, or used by, a third party without our consent.
8.1You are entitled to cancel or cease the use of the Services at any time and you may be entitled to a refund.
8.2If you cancel the Services pursuant to clause 8.1 then you will be liable to pay for the the Services adjusted on a pro-rata basis depending on the type of your subscription (i.e. monthly or yearly) and all costs, charges or expense incurred by us up to the time of cancellation which will be deducted from any amount being refunded.
9.1All information about you obtained by us will be maintained in accordance with Privacy Act. Please refer to our website https://www.mangocam.com/privacy-policy/ for further details.
10.1We will use our best endeavours to ensure that the provision of Services is operable 24 hours a day, 7 days a week. However we do not warrant that the Services will be free of errors or faults and we do not accept any liability for any errors or faults. In the event of an error or fault, you should report it to us immediately.
10.2We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Website will be transmitted accurately, reliably, in a timely manner or at all.
10.3Whilst we will use all endeavors to keep the Website secure, the Internet itself is not a secure medium. Communications via the Internet maybe intercepted or altered in transit. The Website is not an exception. We cannot warrant that the Website is free from anything that may cause damages to your computer or other device used to access the Website or to the data contained within that device. You must take your own precautions and relevant security measures when using the Website.
10.4The Website may contain links to other external websites which are neither under our control nor affiliated with us. You visit and browse the contents of those websites at your own risk and we are not responsible for any damage you may sustain as a result.
11.1We may license or sub-contract a third party without your consent for all or any part of our rights or obligations for the purpose of providing you with the Services.
11.2If you are in breach of any of these terms, we have the right to refuse dealing with you, terminate or disable your account and prevent you and your IP address from accessing the Website and using the Services.
12.1Save and except your statutory rights which cannot be excluded by these terms and to the extent permitted by the law we exclude all other terms, conditions and warranties expressed or implied by statute, the common law, equity or otherwise howsoever are expressly excluded.
12.2We are not liable for any loss or damage suffered by you including any consequential loss, damages or loss of profit as a result of:
(a)any delay in providing, or failing to provide, the Services;
(b)you accessing the Website and using the Services;
(c)any defect in, or any failure, malfunction, breakdown or deterioration of, the Services;
(d)your Mangocam account being terminated in accordance with clause 11.2; and
(e)your Mangocam account be deleted in accordance with clause 3.5.
12.3In any event, our liability will be limited to 50% of the Price you paid for the Services.
13.1You must indemnify us and keep us indemnified against all costs, liability, losses and claims incurred by us as a result of your breach of any of these terms including improper use of the Website and the Services by you or by anyone who gains authorised or unauthorised access from.
13.2You will be liable for and pay our legal costs on a full Solicitor/own Client indemnity basis arising from or incurred as a consequence of the breach by you including but not limited to the costs of any letters of demand or the Notices of Default and such payment is to be made to us within 7 days of receipt of an invoice from us for such costs.
These terms are to be governed by the laws of the State of Victoria in Australia. Any proceeding under or in connection with it must be taken in the appropriate Court in the State of Victoria.
In these terms:
GST means GST within the meaning of the GST Act.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Party means we or you.
Price means the price for the Services as specified in the Website
Privacy Act means Privacy Act 1988 (Cth)
Services means the Cloud based IP camera recording
Website means our website https://www.mangocam.com
We or us means Tech Resources Pty Ltd trading as "Mangocam" and its employees, agents and sub-contractors.
You means the user who accesses the Website or uses the Services.
Terms of Service