Mayon Digital Terms and Conditions of Use

Last updated: February 2021

Please read the following Terms of Use carefully as they govern your use of our Service. By accessing the Mayon Digital Pty Ltd Mobile Phone Application, you agree to these Terms of Use.

Mayon Digital Pty Ltd (ACN 630 074 716) (Mayon) owns and operates the Mobile Phone Application located at Manhood: Quit Porn (App). Access to and use of this App and the services available through this App (collectively Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

In these Terms of Service, the terms "we", "us", and “our” refers to Mayon.

Our Terms of Service and Privacy Policy are collectively referred to as the Agreement (Agreement).

About the Application
1. Welcome to Manhood (the 'App'). The App features the Services.
2. The App is operated by Mayon. Access to and use of the App, or any of its associated Products or Services, is provided by Mayon. Please read these Terms of Use carefully. By using, browsing and/or reading the App, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the App, or any of its Services, immediately.
3. Mayon reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mayon updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
4. Mayon reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this App.
5. You may link to our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link from any website that is not owned by you. This App must not be framed on any other site, nor may you create a link to any part of this App other than Home Page. We reserve the right to withdraw linking permission without notice.
6. This App may contain links to other websites (Linked Sites), which are not operated by Us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Any links to third-party sites or applications are provided for your convenience only. If you access a third-party Website or App from the App, you do so at your own risk. The inclusion of a third-party Website and App should not be interpreted as any endorsement, approval, recommendation or preference by us of the owners or operators of the third-party website, or for any information, product or service referred to on third-party website.

You understand that these Terms of Service do not apply to your use of such third-party sites or applications.
You acknowledge and agree that Mayon is not responsible or liable for your use of any third-party website, application, service or content.
We are not responsible for the privacy practices of any third-party social media or other service providers that you can access through our Website. Third Party Providers are responsible for the services they provide to you.
The Services are made available solely for your personal, non-commercial use, unless Mayon has agreed with you otherwise in a separate agreement.
Acceptance of the terms
1. You accept the Terms by using or browsing the App. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mayon in the user interface.
App Access
1. Subject to the terms and conditions, We grant you permission to use the App. In order to grant you access to the App, you must be at least 17 years old.
Prohibitions
1. You must not misuse this App. You will not:
commit or encourage a criminal offence;
use language which is inappropriate, offensive or contrary to any applicable laws or standards, including, without limitation, material which:

i. is obscene or indecent, depicts violence, sexual activity or pornography;

ii. contains instructions in drug use;

iii. instructs or encourages criminal activity; or

iv. defames, harasses, menaces, threatens, abuses, offends or embarrasses any person;

encourage, endorse, approve or recommend the performance of dangerous or illegal acts including suicide or self-harm; or
breach any laws, regulations, standards or codes as enacted, modified or updated from time to time; or
impersonate any person or suggests a connection to a group or organisation which is misleading; or
advocate the use of force or violence towards any person; or
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; or
(viii)hack into any aspect of the Service; corrupt data; cause annoyance to other users; or

infringe the copyright, moral rights, confidentiality rights or intellectual property rights of any person, for example, by reproducing songs, poems, articles, logos, trademarks, pictures, photos, music or other material that is not owned by you (or which you do not have a licence to reproduce on the site);
infringe any of our rights or the rights of any third person including privacy rights;
send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
attempt to affect the performance or functionality of any computer facilities of or accessed through this App.
1. Breaching this provision would constitute a criminal offense and We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.We reserve the right to delate or moderate any content which you post on the App, which we deem offensive or in any way harmful.
2. You grant Mayon a perpetual royalty free, non-exclusive, irrevocable, worldwide licence (with a right to sub-license to our authorised nominees) to use, modify, copy, distribute, transmit, reproduce, publish, display and broadcast the material you have submitted or posted on the App including in any promotional or communication activities Mayon conducts in Australia or overseas.

Subscription to use the Services
1. In order to access the Services, you must first purchase a subscription through the App (the Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).
2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3. Once you have purchased the Subscription, you will then be required to register for an account through the App before you can access the Services (Account).
4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Preferred username

You warrant that any information you give to Mayon in the course of completing the registration process will always be accurate, correct and up to date. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account.
Once you have completed the registration process, you will be a registered member of the App (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Mayon; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

By creating an Account, you agree that Mayon may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Mayon at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Mayon does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Your obligations as a Member
1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Mayon of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the App are limited, non-transferable and allows for the sole use of the App by you for the purposes of Mayon providing the Services;

(e) you will not use the Services or the App in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Mayon;

(f) you will not use the Services or App for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the App;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the App without notice and may result in termination of the Services. Appropriate legal action will be taken by Mayon for any illegal or unauthorised use of the App; and

(h) you acknowledge and agree that any automated use of the App or its Services is prohibited.

(i) You may not assign or otherwise transfer your Account to any other person or entity.

(j) You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.

(k) You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.

(l) In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Payment
1. Where the option is given to you, you may make payment of the Subscription Fee by way of Credit Card Payment (Credit Card).
2. All payments made in the course of your use of the Services are made using Apple App Store. In using the App, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Apple App Store terms and conditions which are available on their Application.
3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
4. You agree and acknowledge that Mayon can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Refund Policy
1. Mayon will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Mayon makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
2. Please note that refunds are handled by Apple.
Copyright and Intellectual Property
1. The App, the Services and all of the related products of Mayon are subject to copyright. The material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, App, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Mayon or its contributors.
2. All trade marks, service marks and trade names are owned, registered and/or licensed by Mayon, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the App pursuant to the Terms;

(b) copy and store the App and the material contained in the App in your device's cache memory; and

Mayon does not grant you any other rights whatsoever in relation to the App or the Services.
All other rights are expressly reserved by Mayon.
Mayon retains all rights, title and interest in and to the App and all related Services. Nothing you do on or in relation to the App will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

You may not, without the prior written permission of Mayon and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Apo, which are freely available for re-use or are in the public domain.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this App are in no way associated, linked or affiliated with Us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this App are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Us.
All trade names, trade marks, service names, and logos displayed on our Website and Apps are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used on our Website and/or Apps with permission of the relevant owner.
You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Service; nor will you post to the Service any material which infringes any intellectual property rights of any third party.
By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.
Privacy Policy
1. Our Privacy Policy forms part of this Agreement. Accordingly, you must comply with your obligations in the Privacy Policy.
2. Mayon takes your privacy seriously and any information provided through your use of the App and/or Services is subject to Mayon's Privacy Policy, which is available on the App.
3. Our Privacy Policy, which sets out how we will use your information, can be found at [insert link]. Ensure you have read and understood our Privacy Policy.
4. By using this App, you consent to the processing of personal information as described in the Privacy Policy and warrant that all data provided by you is accurate.
5. We will process all personal information in accordance with data protection laws and our Privacy Policy.
6. Mayon may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data as necessary to resolve the complaint, dispute or conflict.
Social media
1. We have a number of social media accounts. All content on our social media pages is subject to individual terms of use as outlined by each social media provider.
2. By interacting with our social media pages, you agree to be bound by the terms of use of the relevant social media provider.
Your visit to our Website
1. When you access our Website, we may send a “cookie” (a small summary file containing a unique ID number) to your computer or internet enabled device. We may collect your personal information through the use of cookies.
2. We use cookies to:

Recognise your computer or internet enabled device
Greet you each time you visit our website
Keep track of services you view
With your consent, send you news about viewed services
Measure traffic and engagement patterns, to evaluate our website visitor’s habits
Identify and continually improve our services, programs, content and resources
If you do not wish to receive cookies, you can set your browser so that your computer does not accept them
1. All of the information we collect is aggregated and cannot be used to identify you individually. This information is used to evaluate website usage in order to maintain its effectiveness.
2. We do not collect this information for any type of online advertising.

General Disclaimer
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Mayon does not accept liability for the Services and Apps that it provides to you subject to these Terms.
3. Subject to this clause, and to the fullest extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded;

(b) Mayon will not be liable for any special, direct, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), punitive or incidental damages, or damages for loss of use, profit, opportunity, data or intangibles, or damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or in connection with the Services or these Terms (including as a result of use, inability to use, performance or failures of the App, the Services or the Linked Sites and any materials posted on those sites or the late supply of the Services), irrespective of whether such damages were foreseeable or arise at common law, under contract, tort (including negligence), restitution; in equity, pursuant to statute or otherwise;

(c) Mayon expressly excluded all warranties and other terms which might otherwise be implied by statute, common law or the law of equity

Use of the App and the Services is at your own risk. Everything on the App and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mayon make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Mayon) referred to on the App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the App, the Services, or any of its Services related products (including third party material and advertisements on the App);

(d) the Services or operation in respect to links which are provided for your convenience.

This does not affect Our liability for death or personal injury arising from Our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the extent permitted by law, Mayon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Mayon will not and cannot censor or edit the content of any third party website.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Specific Disclaimers
1. MAYON MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON OUR WEBSITE AND APP, OR THAT YOUR USE OF OUR WEBSITE AND APP WILL BE UNINTERRUPTED OR ERROR FREE.
2. WE ARE NOT LIABLE TO YOU OR ANYONE ELSE IF INTERFERENCE WITH OR DAMAGE TO YOUR COMPUTER SYSTEM OCCURS IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR A THIRD-PARTY WEBSITE. YOU MUST TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE FROM OUR WEBSITE IS FREE OF VIRUSES OR ANYTHING ELSE THAT MAY INTERFERE WITH OR DAMAGE THE OPERATIONS OF YOUR COMPUTER SYSTEM.
3. WE MAY, FROM TIME TO TIME, CHANGE OR ADD TO OUR WEBSITE OR APP WITHOUT NOTICE. HOWEVER, WE DO NOT UNDERTAKE TO KEEP OUR WEBSITE OR APP UPDATED AND WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE IF ERRORS OCCUR IN THE INFORMATION ON THIS WEBSITE OR APP OR IF THAT INFORMATION IS NOT UP TO DATE.
4. TO THE FULLEST EXTENT PERMITTED BY LAW, MAYON EXCLUDES ALL WARRANTIES, REPRESENTATIONS, IMPLIED TERMS AND GUARANTEES ABOUT THE CURRENCY, ACCURACY, COMPLETENESS, SUITABILITY, FUNCTIONALITY OR RELIABILITY OF THE MAYON WEBSITE AND APP, INCLUDING ANY MATERIALS AND RESOURCES PROVIDED ON OUR WEBSITE.
5. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW.
6. EXCEPT AS REQUIRED OF MAYON UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MAYON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MAYON DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW.
7. IF YOU ARE ACQUIRING THE GOODS OR SERVICES AS A CONSUMER, MAYON'S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: (A) IN THE CASE OF GOODS SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE REPLACEMENT OF THE RELEVANT GOODS OR THE REPAIR OF THE GOODS, OR THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; AND (B) IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
8. MAYON'S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: MAYON SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MAYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAYON SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MAYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAYON SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MAYON’S REASONABLE CONTROL. IN NO EVENT SHALL MAYON’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND AUSTRALIAN DOLLARS ($1,000).
9. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE AUSTRALIAN CONSUMER LAW.
Limitation of Liability
1. Mayon's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that Mayon, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Competitors
1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Mayon. Competitors are not permitted to use or access any information or content on our App.
2. If you breach this provision, Mayon will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Termination of Contract
1. The Terms will continue to apply until terminated by either you or by Mayon as set out below.
2. If you want to terminate the Terms, you may do so by:

(a) not renewing the Subscription prior to the end of the Subscription Period;

(b) providing Mayon with 14 days' notice of your intention to terminate; and

Your notice should be sent, in writing, to Mayon via the 'Contact Us' link on our homepage.
Mayon may at any time, terminate the Terms with you if:

(a) you do not renew the Subscription at the end of the Subscription Period;

(b) you have breached any provision of the Terms or intend to breach any provision;

(d) the provision of the Services to you by Mayon is, in the opinion of Mayon, no longer commercially viable or for any legitimate business, legal or regulatory reason.

(e) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Mayon and its affiliates, to access and use the Services.

(f) Mayon reasonably determines there will be a breach regarding any company policies or applicable laws.

Subject to local applicable laws, Mayon reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mayon's name or reputation or violates the rights of those of another party.
Indemnity
1. You agree to indemnify, defend and hold harmless Mayon, its affiliates, employees, agents, , representatives, contractors, licensees, contributors, third party content providers and licensors from and against:

(a) all actions, obligations, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or

any breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy);
violation of any Intellectual Property or other rights of a third party, or privacy right.

18.2. This Indemnity clause will survive this Agreement and your use of the Service.

Confidentiality
1. We will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. We will not disclose this information except:
as necessary to provide services; or
to Our personnel and any service provider that We work with where necessary to operate the Service; or
if the relevant person has given Us permission to do so; or
in accordance with our Privacy Policy; or
if required or permitted by law.
Dispute Resolution
1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

20.2. Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

20.3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Brisbane, Queensland, 4000, Australia.

20.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

20.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction
1. The Services offered by Mayon is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the App, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law
1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
1. Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
2. If any part of these Terms is found to be void or unenforceable (including any provision in which we exclude our liability to you) by a Court of competent jurisdiction, the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Application Content
1. Mayon reserves the right to manage all content produced within or using the App. If Mayon deems created content as distasteful or destructive to the purpose of the App, Mayon will be entitled to:

(a) limit or remove access for a user

(b) delete or modify the content in question

25.2. These actions will be committed with or without notice either before or after the specific action.

Complaints

We operate a complaints’ handling procedure which we will use to try to resolve disputes when they

first arise, please let us know if you have any complaints or comments about this Agreement, including

our Privacy Policy and Terms of Use, by writing to us at:

Sam

Mayon Digital Pty Ltd

Shop 2 290 Boundary Street, SPRING HILL QLD 4000

contact@mayondigital.com.au.

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