Please read these terms and conditions carefully before using our service.
Interpretation and Definitions
Interpretation
The words with initial capital letters have meanings defined under the following conditions. These definitions apply regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate refers to an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Country refers to: Northern Territory, Australia.
- Company (referred to as “the Company”, “We”, “Us”, or “Our”) refers to Mighty Phones.
- Device means any device that can access the Service, such as a computer, cellphone, or digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions, which form the entire agreement between you and the Company regarding the use of the Service.
- Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website refers to Mighty Phones, accessible from https://mightyphones.com/.
- You refers to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern the use of this Service and constitute the agreement between you and the Company. They outline the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Service and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
To the extent permitted by law, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, data, or other information, for business interruption, for personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service), even if the Company or any supplier has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, which means that some of the above limitations may not apply to you. In such cases, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to you “AS IS” and “AS AVAILABLE” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflict of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Dispute Resolution
If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
- By visiting this page on our website: https://mightyphones.com/contact-us
