SwiftScore Terms & Conditions of Use (EULA for the golfer)

Terms of Use

The following Terms of Use (“Agreement”) govern your use of this mobile application (“SwiftScore Mobile App”). The SwiftScore Mobile App, APIs, and the databases owned by MSL Solutions with which this App integrates with, are collectively referred to as the “MSL Services”. PLEASE CAREFULLY READ THE TERMS OF THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN MSL SOLUTIONS (“MSL”) AND THE INDIVIDUAL ACCEPTING THIS AGREEMENT (“AUTHORISED USER” OR “YOU”). THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF THE MSL SERVICES. MSL’S INFORMATION COLLECTION AND USE POLICIES WITH RESPECT TO USER INFORMATION ARE SET OUT IN THE GENERAL PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES. THIRD-PARTY SOFTWARE APPLICATIONS (INCLUDING MOBILE APPS) ARE STRICTLY PROHIBITED FROM EXTRACTING OR OBTAINING ANY DATA, EITHER DIRECTLY OR INDIRECTLY, FROM THE MSL SERVICES UNLESS EXPRESSLY AUTHORISED BY MSL. INDIVIDUALS WHO ACCESS AND USE THE MSL SERVICES MUST NOT FACILITATE, ENCOURAGE OR OTHERWISE PERMIT ANY EXTRACTION OR OBTAINING OF DATA FROM THE MSL SERVICES, EITHER DIRECTLY OR INDIRECTLY, BY THIRD-PARTY SOFTWARE APPLICATIONS (INCLUDING MOBILE APPS), UNLESS SUCH EXTRACTION OR OBTAINING OF DATA FROM THE MSL SERVICES HAS BEEN EXPRESSLY AUTHORISED BY MSL. BY USING THE MSL SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE USE THE MSL SERVICES. NOTWITHSTANDING THE FOREGOING, IF YOU ARE UNDER THE AGE OF 18, YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU WILL NOT PROVIDE ANY PERSONAL INFORMATION THROUGH THE MSL SERVICES WITHOUT THE EXPRESS PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN (WHEN THIS PARENT OR LEGAL GUARDIAN IS LEGALLY PERMITTED TO AUTHORISE SUCH DATA PROVISION). IF MSL LEARNS WE HAVE COLLECTED PERSONAL INFORMATION FROM A PERSON UNDER THE AGE OF 18 WITHOUT SUCH PERMISSION, WE WILL DELETE THIS INFORMATION.

1. LICENCE

   1. SwiftScore Mobile App. Subject to the terms and conditions of this Agreement, MSL grants to Authorised User during the Subscription Term a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable licence to reproduce a copy of the SwiftScore Mobile App on Authorised User’s mobile device solely for personal use to access the functionalities to which such Authorised User is permitted access.
   2. Limits on Licences. Subject to the terms and conditions of this Agreement, the licence provided in clause 1a cannot be sublicensed, transferred or assigned by the Authorised User to any third party.

2. REGISTRATION AND USER ACCOUNT

   1. Authorised User Credentials. To the extent the Authorised User has access to any MSL Services as a Registered User (defined below), the Authorised User acknowledges the access credentials are personal to Authorised User and Authorised User is prohibited from sharing any access credentials with any other person, or with any other entity, for any purpose. “Registered User” means an Authorised User who has access to the MSL Services by way of a user name and password or other access credentials.

3. TERM; TERMINATION

   1. This Agreement commences on the date Authorised User accepts, accesses or otherwise uses the MSL Services and shall remain in effect while Authorised User continues to access the MSL Services or MSL terminates this Agreement (whichever is earlier) (“Subscription Term”).
   2. MSL may terminate, change, suspend or discontinue any aspect of the MSL Services at any time with or without notice. Without limiting the foregoing, MSL may restrict, suspend or terminate Authorised User’s access or use of the MSL Services if MSL believes Authorised User is in breach of this Agreement or applicable law, or for any other reason without notice or liability. Upon termination of this Agreement for any reason, Authorised User must cease all use of the MSL Services. Termination of this Agreement shall not limit any of MSL’s rights or remedies at law or in equity.
   3. In addition to clause 10, it is prohibited to initiate, permit, authorise or otherwise facilitate any extraction or obtaining of data, either directly or indirectly, from the MSL Services through or by a third party or third-party software, unless the third party has been expressly authorised by MSL to extract or obtain data from the MSL Services.
   4. If any Authorised User or Registered User breaches clause 3c, then MSL may suspend any access to the MSL Services and may terminate this Agreement with immediate effect.

4. PROPRIETARY RIGHTS

   1. The Authorised User acknowledges and agrees that MSL and/or its licensors own and retain all right, title, and interest in and to the MSL Services and any intellectual property contained in them, including without limitation, any and all technology, content, code, user interfaces, tokens, trademarks and other items posted thereon or used in connection or associated with the MSL Services.
   2. Without limiting the generality of clause 4a, MSL owns or is the licensee of any copyright that subsists in the MSL Services, including but not limited to any object code, source code, User Access Token (defined below) and Product Token (defined below) and any use of this copyright must be strictly in accordance with this Agreement.
   3. Without limiting the generality of clause 4a, MSL deems the “User Access Token” (an access token for the API underlying the MSL Services that is specific to the Authorised User or Registered User) as MSL’s confidential information and any unauthorised disclosure of the User Access Token will breach this confidentiality. Without limitation, the Authorised User must not disclose, or facilitate or permit the disclosure of, the User Access Token to any third party (other than the relevant Authorised User or Registered User) including, without limitation, third-party mobile apps.
   4. Without limiting the generality of clause 4a, MSL asserts ownership over the “Product Token” (a unique machine generated value which is required to make calls on the underlying API). Unless necessary to validly access or use the MSL Services expressly in accordance with this Agreement, MSL prohibits any person from accessing, using, copying, modifying or otherwise interacting with the Product Token.
   5. Without limiting the generality of clause 4a, the Authorised User is licensed to use MSL's client-side code that runs in the SwiftScore Mobile App (“Client-side Code”) for the sole purpose of the Authorised User accessing the MSL Services strictly as permitted under these terms. MSL prohibits any person from accessing, executing, copying, modifying, decompiling, sniffing, tracing, profiling or otherwise using the Client-side Code for any other purpose.
   6. Except as expressly granted in this Agreement, no license or right under any intellectual property rights in the MSL Services are granted or implied by this Agreement. Specifically, the Authorised User shall not (a) modify, port, translate, localise or create derivative works of the MSL Services or the intellectual property contained therein; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the MSL Services or intellectual property contained therein by any means whatsoever, or disclose any of the foregoing; or (c) sell, lease, license, sublicense, copy (except as provided in Section 1(b) with respect to the MSL Mobile Apps), market, distribute or offer as a service the MSL Services or the intellectual property contained therein. Authorised User shall not remove, obscure or alter any copyright or trademark notices or any trademarks contained in the MSL Services.
   7. The trademarks, logos, service marks and trade names that may be displayed on or within the MSL Services are registered and unregistered trademarks of MSL and other entities or persons (collectively, the “Trademarks”), and may not be used by Authorised User unless authorised in writing by the Trademark owner. Nothing contained in the MSL Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or within the MSL Services without MSL’s written permission or that of the third-party rights holder.

5. SUBMITTED MATERIALS

   Unless specifically requested, MSL does not solicit, nor does MSL wish to receive, any confidential, secret or proprietary information or other material from Authorised User through the MSL Services, by e-mail or in any other way. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials (collectively “Submitted Materials”) submitted, posted, uploaded or sent or transmitted on or through the MSL Services in any manner will be deemed not to be confidential or secret, and may be used by MSL in any manner consistent with this Agreement.

   By submitting, uploading, posting or sending Submitted Materials through, to or on the MSL Services, Authorised User: (A) represents and warrants that either (i) Authorised User’s Submitted Materials are original to Authorised User and that no other party has any rights thereto or (ii) that Authorised User has the necessary licenses, rights, consents and permissions to use such Submitted Materials and use them in the MSL Services for the use of MSL and its applicable service providers in accordance with this Agreement, and that any “moral rights” in the Submitted Materials have been waived; and (B) Authorised User grants to MSL and its service providers, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works, products or services in any form, media, or technology now known or later developed. MSL cannot be responsible for maintaining any Submitted Material that Authorised User provides to MSL on or through MSL Services, and MSL may delete or destroy any such Submitted Material at any time.

   Nothing in this clause 5 affects MSL’s confidential information (including the User Access Token) which may be provided to an Authorised User as part of the MSL Services from time to time.

6. PRIVACY POLICY

   To the extent Authorised User provides any personally identifiable information through the MSL Services, MSL treats such information in accordance with its General Privacy Policy. Notwithstanding the foregoing, if You are under the age of 18, You acknowledge and understand that You will not provide any personal information through the MSL Services without the express permission of Your parent or legal guardian (when this parent or legal guardian is legally permitted to authorise such data provision). If MSL learns we have collected Personal Information from a person under the age of 18 without such permission, we will delete this information.

7. RULES OF CONDUCT

   While using or accessing the MSL Services, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular components, areas or features on the MSL Services, the Authorised User agrees not to:

   • access the MSL Services through or engage with a third party (other than the relevant Authorised User or Registered User) or third-party software (excluding any internet browser when using the MSL Services), unless the third party has been expressly authorised by MSL to extract or obtain data from the MSL Services;
   • disclose the User Access Token to any third party (other than the relevant Authorised User or Registered User) or third-party software (excluding any internet browser when using the MSL Services);
   • engage in an act or enable any third party (other than the relevant Authorised User or Registered User) or third-party software (excluding any internet browser when using the MSL Services) to engage in an act which infringes on any of MSL’s intellectual property rights;
   • impersonate any person or entity or misrepresent Authorised User’s affiliation with any other person or entity;
   • use, resell, redistribute, republish or exploit in whole or in part any portion of the MSL Services (including its content) for any commercial or promotional purposes or for any other purpose that involves enabling public access to any or all of this material regardless of the format in which it is presented, except as authorised by MSL;
   • contact any other user of the MSL Services for commercial or promotional purposes, or offer to buy or sell any product or service on or through Authorised User’s activities on the MSL Services or in a Forum (as defined below) on the MSL Services except as authorised by MSL;
   • alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any component of the MSL Services or its contents, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices;
   • obtain or attempt to gain unauthorised access to other computer systems, materials, information or any services available on or through the MSL Services through any means, including through means not intentionally made publicly available or provided for in the MSL Services (including any attempt to obtain or replicate the Product Token or User Access Token);
   • engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses or other personal information or non-personal information, or any other automatic or unauthorised means of accessing, logging-in or registering on MSL Services, or obtaining lists of users or other information from or through the MSL Services, including, without limitation, any information residing on any server or database connected to the MSL Services;
   • use the MSL Services or any of its respective features and services in any manner that could interrupt, damage, disable, overburden or impair the MSL Services or interfere with any other party's use and enjoyment of the MSL Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
   • circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the MSL Services, in whole or in part;
   • upload, post, transmit, distribute or otherwise publish to, on or through the MSL Services, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
   • use the MSL Services to, or in any other manner, violate, plagiarise or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
   • upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
   • use the MSL Services, in whole or in part, in violation of any applicable law.

8. PUBLIC FORUMS

   The MSL Services may include certain features that allow Authorised Users to interact and communicate with each other and/or with the general public (“Forums”). All terms and conditions in this Agreement (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the MSL Services), are applicable to Authorised User’s use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on databases that service the MSL Services and elsewhere on the Internet, and Authorised User may have no control over who will access or view them eventually. Therefore, Authorised User should be careful and selective about the information that Authorised User chooses to disclose in such Forums and on the MSL Services in general about Authorised User and others, and in particular, Authorised User should not disclose any sensitive, personally identifiable, proprietary or confidential information in Authorised User’s submissions to the Forums.

9. RIGHT TO MONITOR AND EDITORIAL CONTROL

   MSL reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the MSL Services (including, without limitation, the Forums). MSL is not responsible for any such materials. MSL reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MSL’s sole discretion, are objectionable to, or in violation of, MSL’s policies or applicable law. MSL may also impose limits on certain features or restrict Authorised User’s access to part or all of the MSL Services, without notice or penalty, if MSL believes Authorised User is in breach of this Agreement or applicable law, or for any other reason without notice or liability.

10. THIRD-PARTY WEBSITES AND PRODUCTS

    1. Links and Integrated Applications. Authorised User may be able to link from the MSL Services to third-party web sites and/or third-party web sites may link to the MSL Services (in each case, such third-party web site is referred to as a “Linked Site”). The MSL Services may also be integrated with third party applications to provide Authorised User with additional features and an enhanced experience (“Integrated Applications”). Authorised User acknowledges and agrees that MSL has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites or Integrated Applications, and that Integrated Applications and links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by MSL. If Authorised User chooses to rely on any Linked Site or Integrated MSL Services, Authorised User is doing so at Authorised User’s own risk and Authorised User assumes all responsibilities and consequences resulting from such choice. Linked Sites and Integrated Applications may be subject to separate end user license agreements, terms or service or terms of use. Without prior written permission of MSL, you are prohibited from accessing the MSL Services indirectly through any Integrated Applications.
    2. Linking to the MSL Services. You agree that, without the prior express permission of MSL: (a) you are not permitted to link directly to any image hosted on the MSL Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (b) you may not link from any other web site to a MSL Website in any manner such that a MSL Website, or any page of a MSL Website, is “framed”, embedded, surrounded or obfuscated by any third-party content, materials or branding. The posting or creation of a link to any MSL Website signifies that you have read the restrictions described herein and agree to abide by their terms. MSL may, in its sole discretion, insist that any link to a MSL Website be discontinued, and MSL may revoke your right to link to a MSL Website from any other web site at any time upon written notice to you.

11. ORDERS FOR PRODUCTS AND SERVICES

    We may make certain products and services available for purchase or download to users of the MSL Services. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in Australia, unless you have otherwise gained authorisation from us, and you are at least 18 years old (or the age of majority in your jurisdiction) or you have express permission from Your parent or legal guardian to do so (when this parent or legal guardian is legally permitted to authorise such order). You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to MSL. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the MSL Services may be subject to additional terms and conditions presented to you at the time of such purchase or download.

12. INDEMNIFICATION

    Authorised User agrees to defend, indemnify and hold MSL, and its directors, officers, employees, agents, service providers and licensors harmless from any and all claims, liabilities, costs and expenses, including reasonable legal costs, arising in any way from (i) Authorised User’s use of the MSL Services, (ii) Authorised User’s Submitted Materials, in whole or in part, or (iii) Authorised User’s breach or violation of the law or this Agreement. MSL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Authorised User, and in such case, Authorised User agrees to cooperate with any such defence.

13. DISCLAIMER OF WARRANTIES

    TO THE EXTENT PERMITTED BY LAW, THE MSL SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED IN THEM, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MSL EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

    TO THE EXTENT PERMITTED BY LAW, MSL DOES NOT WARRANT THAT THE MSL SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED IN THEM, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.

    TO THE EXTENT PERMITTED BY LAW, MSL MAKES NO WARRANTY THAT THE MSL SERVICES, IN WHOLE OR IN PART, WILL MEET AUTHORISED USER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AUTHORISED USER FROM MSL, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.

    MSL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, AUTHORISED USER’S COMPUTER OR MOBILE EQUIPMENT OR ANY OTHER PROPERTY ON ACCOUNT OF AUTHORISED USER’S ACCESS TO, USE OF, OR BROWSING IN THE MSL SERVICES OR AUTHORISED USER’S DOWNLOADING OF THE MSL SWIFTSCORE MOBILE APP OR THE AUTHORISED USER’S DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE MSL SERVICES.

    IF AUTHORISED USER IS DISSATISFIED WITH THE MSL SERVICES, AUTHORISED USER SHOULD DISCONTINUE USE. MSL DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND MSL EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE MSL SERVICES CREATED OR PROVIDED BY AUTHORISED USERS OR OTHER THIRD PARTIES.

14. LIMITATION OF LIABILITY

    TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MSL OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, MSL SERVICES OR CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, AUTHORISED USER’S PROVISION OF INFORMATION OR CONTENT VIA THE MSL SERVICES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO AUTHORISED USER FOR ANY DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR AUTHORISED USER’S USE OF THE MSL SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO MSL FOR YOUR USE OF ANY MSL WEBSITE, OR (B) TEN DOLLARS ($10). AUTHORISED USER UNDERSTANDS AND AGREES THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THEY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

15. JURISDICTIONAL ISSUES

    MSL does not represent that the MSL Services or any contents contained in them are appropriate or available for use in any location outside of Australia. Authorised Users who choose to access the MSL Services from locations outside of Australia do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent local laws require additional terms, this Agreement may be subject to separate jurisdictional terms, if any and as applicable.

16. CHANGES TO THIS AGREEMENT

    MSL has the right to change or modify this Agreement, or to impose new conditions on Authorised User’s use of the MSL Services, at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice of them, which may be given by any means including, but not limited to, posting within the MSL Services, by electronic mail, by messaging, or by any other means from which Authorised User may obtain such notice. Any use of the MSL Services by Authorised User subsequent to such notice shall be deemed to constitute Authorised User’s acceptance of such changes, modifications, additions, or deletions.

17. NOTICE OF COPYRIGHT INFRINGEMENT

    MSL respects the intellectual property rights of others and requires that the people who use the products and services of MSL do the same. If any person or entity believes that content in the MSL Services has been copied in a way that constitutes copyright infringement, please forward the following information to MSL Solutions – Level 1, 307 Queens Street, Brisbane, Queensland, 4000 or by email to info@mslsolutions.com:

    • Authorised User’s address, telephone number, and email address;
    • A description of the copyrighted work that Authorised User claims has been infringed;
    • A description of where the alleged infringing material is located;
    • A statement by Authorised User that Authorised User has a good faith belief that the disputed use is not Authorised by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person Authorised to act on behalf of the owner of the copyright interest; and
    • A statement by Authorised User, made under penalty of perjury, that the above information in Authorised User’s Notice is accurate and that Authorised User is the copyright owner or Authorised to act on the copyright owner's behalf.

    MSL will respond to notices of claimed copyright infringement in accordance with the Copyright Act 1968 (Cth).

18. MISCELLANEOUS

    This Agreement and the relationship between Authorised User and MSL shall be governed by the laws of Australia and the State of Queensland. Authorised User agrees that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Queensland. Authorised User agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of Queensland. MSL’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.