Please Read the Following Terms Carefully Before Using this Service
The materials on this website www.madimack.com.au (the "Site" “Madimack”) are provided by Madimack (“we”) as a service to Homeowners, Landlords and Vacation Renters (“users” “you”). This document explains the terms by which you may use our website in connection with the service (collectively the "Service"). By using this site, you agree to be legally bound by these terms. If you do not agree to them, do not use the site/service or download any materials from it.
This Service is offered to you conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the Site by Madimack (collectively, the "Terms"). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms.
If any User is using the Service on behalf of User's employer, User represents that he/she is authorized to accept these Terms on his/her employer's behalf. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new software, hardware and services. In case of any violation of these rules and regulations, Madimack reserves the right to seek all remedies available by law and in equity for such violations.
Madimack provides home automation services and comprehensive automation solutions including safety enhancement, fire hazard prevention, gas supply, pool control, hot water control, and appliance control; sourced from reputed, industry-leading brands that make homes smarter, safer and more efficient. Madimack undertakes installation of hardware devices through its subcontractors. Symbiot is providing some of the hardware and software for the Madimack platform. All hardware offered by Madimack are provided by third parties. Other products provided by third parties will also be integrated into Madimack platform for servicing its customers.
You also understand and agree that the Services may include certain communications from Madimack such as service announcements, notifications, administrative messages and updates.
In order to use the services, you will have to visit the site and register to open your account with us and subscribe for the services.
You must be 18 years of age or older; and submit a valid email address; name, billing address, credit card details, select a user name and password during the registration process.
By electing to use these services; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) You will not create more than one personal profile: (d) If we disable your account, you will not create another one without our permission; (e) you agree not to use the Services for any unlawful purpose.
You also represent that you are not a person barred from receiving the Services under the laws of Australia or other applicable jurisdiction. If you provide any information that is untrue, incorrect, not current or incomplete, or if Madimack has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Madimack has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
The password chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You are solely responsible for the activity that occurs on your account. You agree to notify Madimack immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account by any third party.
Information collected by Madimack when you register as a User will not be disclosed or shared with any third parties except our service providers who have agreed not to disclose the information to third parties or use the same for any purpose other than the purpose for which the same is shared with them. [You expressly agree that we may use your information in accordance with the terms of Madimack Privacy Policy]
Madimack reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to Users, and is not obligated to support or update the Service. The amended Terms shall be effective immediately after they are initially posted on the Site. Your continued use of the Service after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. You acknowledge and agree that Madimack shall not be liable to you or any third party in the event that Madimack exercises its right to modify or discontinue all or part of the Service.
The materials on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. You may not:
Madimack has monthly, six months and annual subscription plans. The applicable fee for different plans is available at https://madimack.com.au/buy/.
Each licence purchased is a single user account. If you require access for multiple users, please purchase a new license for each additional user. A single user license may be installed and activated on five devices - computers, mobile devices, consoles, and routers; for example, it can be installed on 2 computers, 2 smart-phones and one tablet that you own. Simultaneous logins from a single license by more than one individual user are prohibited and can lead to account cancellation.
Your membership subscription is renewed automatically for a similar period at the completion of the billing term. The subscription fee will be charged automatically to the payment method you have opted. If you no longer want to use our service and hence want to stop payment, or just discontinue automatic renewal, you may send us an email to sales@madimack.com.au indicating your election to do so. If you want to stop auto renewal, you may login at the Site and turn off auto renewal.
We reserve the right, in our sole discretion, to change plan fees at any time.
a. Charges
By electing to purchase the service posted on this Site, you agree to the terms of sale, pricing, payment and billing policies. You further warrant that all information you submit is true and accurate (including without limitation your credit card number and expiration date) and you agree to pay all subscription fees you incur plus all applicable taxes.
b. Payment
Madimack reserves the right to suspend your Service account without notice - in case of failure to pay the prescribed fees; upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Madimack when Madimack believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Madimack.
c. Refund Policy
Madimack DOES NOT offer refund unconditionally. All refunds are governed by the following conditions,
i) You are eligible for a full refund within 30 days of the initial purchase, if our service cannot be provided or it doesn't work on your computer/mobile due to technical reasons and we were not able to fix the problem after purchase was made (“Money Back Guarantee”). Refund after 30 days, will be at the discretion of Madimack, only if a subscriber can demonstrate that the Service was not available or usable during the subscription period and that reasonable attempts were made to contact Madimack to resolve the issue.
ii) You will not be eligible for refund if you breach any of the terms and conditions of this Terms of Service Agreement.
iii) If you use the services for any illegal or malicious purposes, we may terminate your account and refund part amount according to our discretion.
iv) Madimack will refund proportionate fees for the period during which its service was not available.
v) All requests for refund shall be sent to sales@madimack.com.au with the reason for seeking the refund. If you are eligible for refund as per our refund policy, your request will be processed and refund will be made within 3 business days after receiving the refund request. All refunds will be made to the respective accounts from which payment was received. If you are not eligible for refund, the same will be communicated to you.
vi) If you cancel your subscription any time during the subscription period, you will be liable to pay the subscription fee for the remaining subscription period. For example, if the subscription is for a period of 12 months at the rate of $50 per month and if you cancel your subscription after 6 months, you will be liable to pay the balance amount of $300 for the remaining 6 months period before your account is cancelled.
vii) If Madimack reserves the right to suspend or terminate your Service account for any reason, you will not be eligible for refund of any fee.
You agree that use of the service/site is subject to all applicable International, National, Federal, state, and local laws and regulations. You agree to abide by these laws and are solely responsible for the contents of your communications through the Service. You agree to use Madimack for lawful purposes only.
You agree:
You agree that - you will not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information; you will not send / receive any message that: (1) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of a violent or threatening nature directed at another individual or group of individuals, or provide links to adult contents elsewhere, or otherwise violates Madimack's rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, facsimiles, any other form of unauthorized solicitation, or any form of lottery or gambling; or use the web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Madimack; or Forge or misrepresent message headers, whether in whole or in part, to mask the true origin of the message; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (6) contains site search/retrieval applications or device or process to download the contents available through the service; (7) impersonates any person or entity, including any of our employees or representatives.
If it is brought to our notice that you are using the service for unlawful purposes, or infringing on any copyright, you will be advised to desist from such use. Your failure to take the required action immediately will result in a cancellation of your account and forfeiture of any fees provided to Madimack. Madimack also reserves the right to remove any prohibited material without warning or notification to the User.
If you encounter such prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to sales@madimack.com.au
In case of any violation of these Terms, Madimack reserves the right to seek all remedies available by law and in equity for such violations.
User agrees not to reproduce, duplicate, copy, sell or resell access to the Service, without the express written consent of Madimack.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You acknowledge that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use the Content as expressly authorized by Madimack. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Madimack. You agree not to use or divulge to others any information designated by Madimack as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM MADIMACK. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.
By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that Madimack is not responsible for detection and removal of such information.
Madimack will attempt to provide the Services at all times, except for limited periods for maintenance and repair. The actual service coverage, locations and quality may vary. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We may suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services.
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL MADIMACK BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF MADIMACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Madimack further does not warrant the accuracy, guarantee or completeness of the information, text, graphics or other items contained within the website content. Madimack may make changes to the content, or to the services described therein, at any time without notice. Madimack makes no commitment to update the content.
The user should not consider this information to be an invitation to a client relationship, nor should the user rely on the information presented on this site for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction.
As a condition of use of the Service, and in consideration of the services provided by Madimack, you agree that neither Madimack, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Madimack will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; including but not limited to any of the following:
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of Madimack and its affiliates, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, MADIMACK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE MADIMACK SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF MADIMACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF MADIMACK AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU HEREBY RELEASE MADIMACK FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
You agree to defend, indemnify and hold harmless Madimack and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by you arising out of or in connection with this Agreement; (b) intentional or negligent violations by you of any applicable laws or governmental regulation, (c) contractual relations between you and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
You acknowledge that Madimack has no control over the content of information transmitted by any User or User’s customers and that Madimack does not examine the use to which User or User's customers put the Service or the nature of the information User or User’s customers send or receive. User hereby indemnifies and holds harmless Madimack, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User or User's users.
You agree that we may terminate your right to use our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Additionally, Madimack reserves the right to deny provision of service and/or renewal of service to any user.
Any attempt to undermine or cause harm to Madimack’s server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes Spamming, transmission of - malware, viruses, trojan horses; or by linking to sites and files that contain or distribute malware, viruses and trojan horses.
Madimack may terminate user’s account and forfeit any fee at any time without prior notice, if you are in breach of the terms of this Agreement. Madimack will be the sole arbiter as to what constitutes a violation of the Agreement. Upon termination, you will immediately destroy the Materials.
Through use of the Service and/or Site, you and Madimack may disclose or make available to each other, Confidential Information in connection with the activities contemplated hereunder. Both the parties agree that during the Term of this Agreement and thereafter (a) they shall provide at a minimum, the same care to avoid disclosure of unauthorized use of confidential information as is provided to provide its own similar information, but in no event less than a reasonable standard of care; (b) they will use Confidential Information belonging to the other solely for the purposes of this Agreement and (c) they will not disclose Confidential Information belonging to the other party, to any third party (other than its employees and/or consultants reasonably requiring such Confidential Information for purposes of this Agreement who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without the express prior written consent of the other party. Each party will promptly return to the disclosing Party upon request any Confidential Information of the other party. Madimack will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent unless Madimack has reason to believe that disclosing this information is necessary: (a) to conform to the edicts of law or comply with legal process served on Madimack; (b) to prevent injury to or interference with (either intentionally or unintentionally) Madimack rights or property, other Madimack users, or anyone else that could be harmed by such activities; or (c) to act under exigent circumstances to protect the personal safety of the users or the public. If Madimack transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of Madimack.
For purposes of this Agreement, "Confidential Information" means, with respect to Madimack, any and all information in written, representational, electronic, verbal or other form relating directly or indirectly to the present or potential business, operation or financial condition of Madimack (including, but not limited to, information identified as being proprietary and/or confidential, pricing, marketing plans, customer and supplier lists, service data, and any information which might reasonable be presumed to be proprietary or confidential in nature) excluding any such information which: (i) is known to the public (through no act or omission of User in violation of this Agreement); (ii) is lawfully acquired by User from an independent source having no obligation to maintain the confidentiality of such information; (iii) was known to User prior to its disclosure under this Agreement; (iv) was independently developed by the User; or (v) is required to be disclosed by governmental or judicial order.
These Terms shall be governed by and construed in accordance with the Laws of Australia, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Australia, the laws rules and regulations of Australia shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Any dispute, controversy or claim arising out of, relating to or in connection with this Terms of Service, including any question regarding its validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be based on Article 10 of the ACICA Arbitration Rules.
If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to sales@madimack.com.au
Copyright © , MADIMACK Pty Ltd.
