Last Updated: 23 September 2024
Welcome to MagicBox.Biz (the "Website"), operated by Redboat Ventures Pty Ltd (ABN 12680128054) ("we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our Website, applications ("Apps"), and any related services we provide, including consultative, creative, technical services, and our Software as a Service ("SaaS") platform, MagicBox (collectively, the "Services").
By accessing or using our Website, Apps, or Services, you ("you" or "your") agree to be bound by these Terms. Please read them carefully. If you do not agree with these Terms, you must cease using our Website, Apps, and Services immediately.
Account: A registered user account to access our Services.
Member: A user who has registered an Account and purchased a Subscription.
Subscription: A paid plan that allows access to certain Services for a specified period.
Subscription Fee: The fee payable for the selected Subscription.
Subscription Period: The duration of the Subscription.
Software: The software we provide as part of the Services, including MagicBox.
Customer Data: Non-public data provided by you to us to enable the provision of the Services.
You accept these Terms by:
Remaining on the Website.
Clicking to accept or agree to the Terms where this option is available.
Using any part of our Services.
You may not use our Services if:
You are not of legal age to form a binding contract.
You are barred from receiving the Services under the laws of Australia or other countries.
Registration: To access certain Services, you must register for an Account.
Information: You agree to provide accurate and up-to-date information, including your name, email address, phone number, and payment details.
Security: You are responsible for maintaining the confidentiality of your Account credentials.
Unauthorised Use: Notify us immediately of any unauthorised use of your Account.
You agree to use the Services only for purposes permitted by:
These Terms.
Any applicable law or regulation.
You must not:
Use the Services for any illegal or unauthorised purpose.
Engage in any activity that interferes with or disrupts the Services, including tampering with, hacking, or modifying our servers and systems.
Misrepresent yourself or impersonate any person or entity.
Access or attempt to access any of our systems, networks, or data without authorisation.
Share your login details with unauthorised third parties.
Post, upload, or share any content that is unlawful, harmful, defamatory, obscene, infringing, or otherwise objectionable.
To access certain Services, you must purchase a Subscription and pay the applicable Subscription Fee.
Subscriptions may vary, and features may change over time.
You are responsible for ensuring the Subscription suits your needs.
Payments are made using the payment methods available on the Website.
You are responsible for any fees or charges incurred due to failed or denied payments.
We may change the Subscription Fee, effective at the end of the current Subscription Period.
Refunds are provided in accordance with the Australian Consumer Law.
We may offer refunds at our discretion if we are unable to continue providing the Services.
Any refund will be proportional to the unused portion of your Subscription Fee.
We grant you a non-exclusive, non-transferable, revocable licence to access and use our SaaS platform, MagicBox, during the Subscription Period.
You must not:
Modify, copy, or create derivative works of the Software.
Reverse-engineer or attempt to extract the source code.
Sell, rent, lease, or sublicense the Software.
Share any non-public features with unauthorised third parties.
Engage in any conduct that breaches these Terms.
We collect and process your data to provide the Services.
Our Privacy Policy outlines how we handle your data, including collection, storage, and processing.
We take your privacy seriously and are committed to protecting your personal information.
Technical support is available via email during business hours (9:00 am to 5:00 pm Australian Eastern Standard Time, excluding Australian Public Holidays).
24/7 Live chat support is available for Members of certain Subscriptions.
We aim to respond to support requests within one to three business days.
All intellectual property rights in the Services and Software are owned by us or our licensors.
You are granted a limited licence to use the Services as per these Terms.
Except as permitted by these Terms or required by law, you must not use, reproduce, or distribute any of our intellectual property without our prior written consent.
Any enhancements or modifications to the Services are owned by us.
We will not disclose your confidential information except as required by law or as necessary to provide the Services.
Confidential information does not include information that is publicly available or already known independently.
Your privacy is important to us.Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
By using our Services, you consent to the collection and use of information in accordance with the Privacy Policy.
The Services are provided "as is" and "as available."
We do not guarantee that the Services will be uninterrupted or error-free.
We are not responsible for any loss or damage resulting from your use of the Services.
We make no warranties regarding the accuracy, reliability, or completeness of any content provided.
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or exemplary damages.
Our total liability is limited to the amount you have paid us in the last 1 month.
We are not liable for any loss of profits, goodwill, or other intangible losses.
You agree to indemnify us against any claims, damages, losses, or expenses arising from:
Your breach of these Terms.
Your violation of any law or rights of a third party.
Any content you submit or share through the Services.
Your misuse of the Services.
You may terminate these Terms by:
Not renewing your Subscription prior to the end of the Subscription Period.
Providing us with 30 days' written notice of your intention to terminate.
Closing your Account where this option is available.
We may terminate these Terms if:
You do not renew your Subscription at the end of the Subscription Period.
You breach any provision of these Terms or intend to breach any provision.
We are required to do so by law.We discontinue the Services.
Upon termination, your access to the Services will cease.
Any outstanding fees become immediately due.
We may delete your data after 30 days but are not obligated to do so.
If a dispute arises, both parties agree to attempt to resolve it through negotiation within 28 days.
If unresolved, disputes will be referred to mediation in Sydney, New South Wales, Australia.
Both parties will equally share the costs of mediation.Communications during mediation are confidential.
If the dispute is not resolved within two months of starting mediation, either party may terminate the mediation.
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be subject to the non-exclusive jurisdiction of the courts in New South Wales.
We may update these Terms from time to time at our sole discretion.
We will use reasonable efforts to notify you of any significant changes.
Any changes take immediate effect from the date of publication.
Your continued use of the Services after changes indicates your acceptance of the new Terms.
Assignment: You may not transfer your rights under these Terms without our consent. We may assign our rights without restriction.
Severability: If any part of these Terms is unenforceable, the remaining parts remain in effect.
Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services.
Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver.
Notices: All notices must be in writing and will be deemed given when received.
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Address: Suite 204, Level 2, 24-26 Falcon Street, Crows Nest, NSW 2065, Australia
By using our Website, Apps, or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.