1.1 In consideration of payment by you ("the User") of the total fee set out by the the And.to software ("Services Fee"), Andmine Pty Ltd ("AndMine") will provide the services set out on the payment page ("Services") to the User.
2 The User agrees to the following conditions while using the software;
2.1 The User agrees to make available information to the people within their network group ("Group") under a common network Name ("Name")
2.2 A User can also be a Group Administrator ("Administrator"). The Administrator is responsible checking the And.to Services to ensure the software is running correctly for all of the groups users. Any issues will be reported to AndMine via firstname.lastname@example.org
2.3. The User, if not a group administrator agrees to choices made available to the group administrator in settings including new User invitations to the Group.
2.4. The leader-board competition ("Leaderboard") will be entered into by all Users for a particular group. If a user chooses to opt-out of the software they forfiet their membership fee for the remaining days of the current month and their Leaderboard fee.
2.5 By accepting the payment terms you the User are allowing And.to to accept recurring payments for the software and the Leaderboard fees based on your Services.
2.6 Users are able to opt-out of the service at anytime.
2.7 Prices are subject to change and Users will be notified of Changes before payment changes.
2.8 Leaderboard will be paid out at less than the total User Payments for the Leaderboard. This is to handled management, tax and processing fees.
2.9 You agree to allow AndMine and it's brands like And.to to contact you via email or other means with respect to AndMine or And.to services.
2.10 You agree to allow AndMine and it's brands like And.to to contact you via your And.to for direct user correspondence.
2.11 You agree to allow And.to show your private and public contact details and allow members or the public to contact you via public and private pages on And.to.
2.12. Although all means possible are employed to ensure payment gateways and payment details are secure and correct, you the User agree AndMine is not liable for errors in payments and will contact email@example.com if any issues arise.
2.13. The User waives all rights for claims against AndMine for any credit card fraud from 3rd party hackers or loss of information due to hackers. Any issues noticed arising from hacking or hackers the User will email AndMine at firstname.lastname@example.org and will contact your credit card and bank provider.
2.14. Information and content provided and entered into the And.to or AndMine system is property of AndMine and can be published online without consent of the User.
2.15. The User is aware that Terms and conditions are subject to change and will be available at https://secure.meetandmine.com/terms.php
3. Digital Security and Indemnity
3.1 The User acknowledges that:
(a) Andmine takes all precautions to prevent viruses, hacks or hack attempts on the And.to website servers, Andmine servers or software provided by Andmine; and
(b) Andmine does not accept responsibility if any such viruses, hacks or hack attempts occur.
3.1 In any event, the User agrees that it will release and indemnify Andmine and its employees, directors, officers, agents and assigns from all claims, demands, suits, causes of action, proceedings, accounts, demands, interest, expenses and costs of whatsoever nature (including loss and damage to the User), which the User at any time in the future may have against Andmine, arising from any viruses, hacks or other security threats to the And.to website servers, Andmine servers or software provided by Andmine.
4. Professional Advice and Indemnity
4.1 The User acknowledges that:
(a) Andmine endeavours to advise the User with respect to the Services to the best of its knowledge at all times; and
(b) Andmine does not accept responsibility or liability for the User acting on any advice given by Andmine.
4.2 In any event, the User agrees that it will not hold Andmine or its employees, directors, officers, agents and assigns responsible for any loss and damage to the User which arises from the User acting on the advice provided by Andmine with respect to the Services.
5. Warranties and indemnity
5.1 Each party to the Terms warrants that:
(a) the execution and delivery of the Terms have been properly authorised;
(b) it has full corporate power to execute, deliver and perform its obligations under the Terms;
(c) the Terms constitutes a legal, valid and binding obligation on it enforceable in accordance with its terms by appropriate legal remedy;
(d) the Terms does not conflict with or result in the breach of or default under any provision of its constitution, or any material term or provision of any law or regulation to which it is a party or a subject or by which it is bound;
(e) there are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of the Terms.
5.2 In addition to the warranties provided in Clause 5.1:
(a) Andmine warrants that it will exercise reasonable skill, care and attention in providing the Services to the User in accordance with the Terms.
(b) the User warrants that it has all the necessary licences to publish and legally reproduce all third party logos, copy, photography and other creative works under the Terms and in turn approve the use of these works for publication directly or via Andmine.
6.1 A party may terminate the Terms by opting out of the software Services at anytime without notice.
7. Consequences of Termination
7.1 If the Terms are terminated or expire for any reason, then, in addition and without prejudice to any other rights or remedies available:
(a) the parties are immediately released from their obligations under the Terms except for payments already made by the User and any other obligations that, by their nature, survive termination;
8. General provisions
8.1 The User will provide all required material to Andmine required by Andmine for performing the Services.
8.2 Each party must at its own expense do everything reasonably necessary to give full effect to the Terms and the events contemplated by it.
8.3 The parties must not assign or otherwise deal in any other way with any of its rights under the Terms without the prior written consent of the other party.
8.4 Nothing contained in the Terms creates any relationship of partnership or agency between the parties.
8.5 If a provision of the Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.6 The Terms is the entire Terms between the parties and supersedes all other representations, arrangements or Terms made prior to the Terms. Other than as expressly set out in the Terms, no party has relied on any representation made by or on behalf of the other.
8.7 The Terms may be amended by AndMine and made available at https://secure.meetandmine.com/login.php?navi=terms
8.8 A party will not be responsible for a failure to comply with its obligations under the Terms to the extent that failure is caused by a Force Majeure Event (any event beyond the control of the relevant party), provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.
8.9 All stamp duties and other government charges in relation to the Terms must be paid by the User.
8.10 The Terms shall be considered as a contract made in the State of Victoria in the Commonwealth of Australia and is subject to the laws and exclusive jurisdiction of the State of Victoria in the Commonwealth of Australia to which all parties hereby submit.