The Terms and Conditions set out in this agreement (“Terms”), govern your access to and use of the Mikode.net and network websites and services (“Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (“Content”).

Permission to access and use the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

 

Terms of use

Mikode.net reserves the right to change these Terms at any time. We will notify you of that change by sending you an email or by posting a website notice. By continuing to use Mikode.net, you consent to be bound by these  terms of service.

 

The Service

You understand that the Services which Mikode.net provides will go through periods of development and improvement, and the form and nature of the Services may change from time to time, without notice. Furthermore, Mikode.net may cease (permanently or temporarily) to provide the Services (or any features within the Services) and may not be able to provide you with prior notice.

 

Accepting the Terms

In order to access the Services, you must agree to the Terms. If you do not accept the Terms, you may not use the Services.

You can accept the Terms by completing and submitting the website membership registration form.

You may not use the Services and may not accept the Terms if you are under sixteen years of age – unless you get written permission from your legal guardian or parent via our support page. We may deny membership registrations at our discretion.

Upon creating a membership account with Mikode.net, or by using the Mikode.net site in any way, you agree to be bound by these terms (the Terms),  the Privacy Policy and Cookie Policy

 

Eligibility & Address Verification

  • You must be at least 16 years old to use Mikode.net.
  • You confirm that information provided to Mikode.net is accurate at the time of providing the information.
  • Mikode.net may use the information provided by you as part of the registration process to verify the accuracy of that information (including contacting you using this information).
  • Should you login to Mikode.net via a third party like Facebook, you will remain bound by the terms of those services when you are using them and you provide us with the authority to copy your third party membership details to Mikode.net.
  • You must not share your account password.
  • You may not use your personal Member account for spamming other members .
  • Mikode.net reserves the right to refuse or discontinue any Member account registration.

 

Third Party Marketing

We  do not provide your personally identifiable information to third party marketers.

 

Content Ownership

All of the content and information you post on the Mikode network is owned by you. We can publish your Content throughout the network.

In addition: For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any  content that you post on or in connection with the Mikode.net main site and the network sites you belong to ie. post/zip code sites. This License ends when you delete your  content or your account unless your content has been shared with others, and they have not deleted it. When you delete  content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you publish content using parts of the Services which are available to everyone, it means that you are allowing everyone, to access and use that information, and to associate it with you (e.g. your username and profile picture).

You may not provide us with any Content that you do not own or have the right to publish, or that is defamatory, infringing, illegal or otherwise wrongful.

All Content uploaded by you will be available to those persons as determined by you in your Profile Settings and can be collected and used by others.

Mikode.net endeavours to ensure that your Content is only available to those persons determined by your Profile Settings, however Mikode.net will not be held responsible should other people gain access to your Content.

Mikode.net cannot control who reads your Content or what others may do with the information you choose to publicise. Therefore, we encourage you to think before you post, and only talk about topics that you would be happy sharing with the public.

 

Content on the Services

All Content, whether posted publicly or communicated privately, is the sole responsibility of the person who created such Content. Mikode.net cannot regulate the Content published via the Services and whilst all reasonable efforts of moderation will be made, we cannot take responsibility for such Content.

The reliance and use of any Content or resources posted via the Services or acquired by you through the Services is at your own risk.

Mikode.net does not support, represent, endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

You understand that by using the Services, you may be exposed to Content that could be deemed offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been categorised incorrectly or are deceptive.

Under no circumstances will Mikode.net be liable in any way for any Content, including, but not limited to, errors or omissions, or any loss or damage of any kind experienced as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

 

Conduct

Mikode.net is all about local community. we expect our members to be kind to each other and treat everyone with respect.

 

We  monitor your use of the Mikode.net network. Any behaviour that could be deemed offensive or inappropriate will not be tolerated.

Inappropriate Conduct may include:

  • Collecting users’ content or information, or otherwise access the Mikode.net local community sites, by automated means.
  • Posting unauthorised commercial communications (such as spam) on Mikode.net.
  • Soliciting login information or accessing an account belonging to someone else.
  • Uploading of viruses or other malicious code.
  • Posting content or taking any action on Mikode.net that infringes or violates someone else’s rights or otherwise violates the law.
  • Bullying, intimidation or harassment of any user.
  • Defamation of any individual.
  • Posting content that is hateful, threatening, or pornographic; incites violence or hatred; or contains nudity or graphic or gratuitous violence.
  • Using the Mikode.net network to do anything that is unlawful, misleading, malicious, or discriminatory.
  • Taking any actions that could disable, burden, or impair the proper working of the Mikode.net network, such as a denial of service attack.
  • Using our copyrights or trademarks, or any confusingly similar marks, without our written permission.
  • Posting anyone’s identification information or sensitive financial information on the Mikode.net network.
  • Breaching another Members privacy or the security of another Members privacy or the security of another Members account.
  • Any other conduct that Mikode.net may determine to be inappropriate.

Should you allow a third party to use your Mikode.net login, you understand that we will deem this to be your conduct and you will be responsible for that conduct.

In any case where Mikode.net determines there has been a breach of the Code of Conduct, or there has been Inappropriate Conduct, we may terminate your Mikode.net Membership and report this breach to the relevant law enforcement agency.

If you become aware of any breach of  Conduct or members whom you know may harm a Mikode.net local community site, please report this via our support desk for review.

 

Login Information & Security

You are responsible for protecting the password that is associated with your  account. Please use a “strong” password (a combination of upper and lower case letters, numbers and symbols) with your account. Mikode.net cannot and will not be liable for any loss or damage arising from failure of safeguarding passwords.

Use of Mikode.net (including posting content, communicating with others, or changing your account settings, etc.) using your Member Account will be understood to be your use. You must notify us immediately at mikode.net Support Desk of any unauthorised use of your username and/or password or any other breach of security

Data transmission over the Internet cannot be guaranteed to be completely secure. We cannot ensure or warrant the security of any information you transmit or receive through Mikode.net.

You are responsible for upholding the confidentiality of your Login Information and are responsible for all uses of the Login Information, whether or not authorised by you. In the event that you become aware of any breach of security, including but not limited to, any loss, theft, or unauthorised disclosure of the Login Information, you must notify Mikode.net immediately.

 

Email & SMS Registration

Member Accounts are automatically set up to receive email communication  from Mikode.net. We may continue to provide this information to you until you indicate otherwise. You may opt out of receiving email communication by altering the email settings contained within your profile.

 

Privacy Policy

Any information that you provide to Mikode.net is subject to our Privacy Policy, which rules our collection and use of your information. You understand that through your use of the Services you agree to the collection and use (as per the Privacy Policy) of this information, including the transfer of this information within Australia and/or other countries for storage, processing and use by Mikode.net.

Mikode.net may need to provide you with certain communications, such as service announcements and administrative messages. These communications are part of the Services of your Mikode.net membership account, which you may not be able to opt-out from receiving.

 

Termination

You or we may terminate this agreement at any time. Without limiting the foregoing, Mikode.net has the right to terminate any Member accounts, with immediate effect, in the event of any conduct by the Member which we consider to be unacceptable, or in the event of a failure by the Member to comply with any of these Terms.

 

Liability 

You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to, or arising out of:

  1. Reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your Member Account (including your username and/or password);
  2. Your breach of any of these Terms; or
  3. Any conduct of yours or any transaction entered into by you that does not comply with the relevant law or infringes any third party right, including intellectual property rights.

Mikode.net is provided on an “as is” and “as available” basis. Use of the Services is at your own risk and you acknowledge and agree that, to the extent permitted by law, we make no assurances:

  1. That Mikode.net will meet your requirements, including fitness for purpose;
  2. That operation of the Services will be uninterrupted, secure or error–free;
  3. That monitoring of conduct of Member activity will prevent all Inappropriate Conduct;
  4. Regarding any Content submitted by any other Member;
  5. Concerning third party information – while we will not knowingly provide incorrect information we may not be able to verify all third party information on Mikode.net network and so you should not rely on it without first making your own enquiries. We do not guarantee or endorse the accuracy of any third party information;
  6. That any feature of Mikode.net will continue to be provided;
  7. Concerning any site or resources made available on Mikode.net, including any direct links to a website not owned by Mikode.net. Mikode.net makes no representations about third party operated websites and, if you visit a linked website, you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service or any association with their operators unless this is specifically stated on the Website.
  8. You acknowledge and agree that Mikode.net is not responsible or a party to any transaction or arrangement that you choose to enter into with any third party. Any transactions or arrangements entered into by you are at your own risk.
  9. Where any dispute arises between you and another user of Mikode.net you agree in good faith to attempt to resolve the dispute amicably by informal means, before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.

 

Trademark notice

The word ‘MIKODE’ and the Mikode logo are trademarks of MIKODE.NET PTY LTD.

 

Warranty Disclaimer

Mikode.net does not warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that the service is free of viruses or other harmful components.

Mikode.net expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability or fitness for any particular purpose of use, and non-infringement.

 

Jurisdiction

This Agreement is governed by the laws of Queensland Australia and will be construed in accordance with the laws of Queensland Australia and you submit to the jurisdiction of the courts of Queensland Australia.

 

Third Party Trademarks

Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

Android, Gmail Google Plus and Google Play are trademarks of Google Inc.

Yahoo is a trademark of Yahoo Inc.

Outlook is a trademark of Microsoft Corporation.

WhitePages is a trademark of Sensis Pty Ltd (ABN 30 007 423 912).

 

Miscellaneous

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may only be modified as set forth herein.

This Statement makes up the entire agreement between the parties regarding Mikode.net, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights.