Mitsukibo Pty. Ltd. | Websites, Online Stores, Android & iPhone

Terms, Conditions & Privacy Statement

Terms, Conditions & Privacy Policy

All information presented within this policy is accurate and applicable from 28th July 2015 onward. This date will be updated if any amendments or additions are made. Please keep a copy of any policy for future reference.

mitsukibo.com – Mitsukibo.

Important notice: We never intend to infringe on any copyrights that may belong to you. In fact, we embrace promoting and attributing your content to the wider community. If you believe we have breached your copyright terms for any of your material that we may have used on this website, please contact us via the mitsukibo.com website and we will ensure appropriate action is immediately taken. Actions we may take include but is not limited to – immediate removal of any of your copyrighted material as outlined by you or if permission is granted, further and clearer attribution to you, the original author of the content. We thank you for your understanding.

PRIVACY STATEMENT

Mitsukibo Pty Ltd respects your privacy.

We occasionally send out email promotions and newsletters to our customers. These e-mail are sent very sparingly (approximately 1 per month). You can opt-in and opt-out at any time.

We will never share your personal and private information with anyone except where stated on this page, and any personal information collected by us is only used to properly process and deliver our services to you.

TERMS & CONDITIONS

How do we use your Information

We never share your information except were required as part Domain Name registration and Apple Developer Program registration in order to submit the iPhone Application under your business name – we will request specifically from you required contact information for these processes.

Business cards will contain your provided business card content and Web Sites / Online Stores will contain your provided Web Site and Online Store content, customer iPhone Applications will contain your provided iPhone Application content.

As part of promotion of your Web Site / Online Store, we may provide your Domain Name and a brief description of your business to Online Business Directories and Search Engines – we will request specifically from you this information for this purpose. Your details may also be used when required services need to be completed by us such as domain name registrations etc.

Aside from exceptions stated on this page, your details will be kept confidential at all times. Your information will not be shared, traded, rented, passed on or sold to anyone outside of our business.

By entering your email address to any part of our website, you accept to receive news updates from us. If you do not wish to receive this information, please email us to remove your email address from receiving these communications. Should subscribers and customers subsequently choose to unsubscribe from mailing lists we will provide instructions on how to unsubscribe on the appropriate website area or in said communications. On request, we will delete from its database personally identifiable information that has been submitted.

Referrals and Promotions

Terms and Conditions in relation to our referral programme and any promotions we may have, they are subject to change without notice.

Anyone is able to participate in our referral programme. These are known as ‘Participants’. Participants are not employed or affiliated with us in any way. We are not responsible for the actions or losses incurred by participants of the programme. This includes but is not limited to property damage, littering, trespassing, legal fees etc.

Associated companies

We may, from time to time share information with associated companies. Currently we are not doing this, but will state said companies here as they become available. All of our companies observe the same privacy policies and protection of your details and information.

For more information, please don’t hesitate to contact us at info@mitsukibo.com

What is Mitsukibo Pty Ltd’s refund policy?

Due to the custom nature of our products, we generally cannot provide refunds.

We can however accept cancellations of pending not yet realised services. Such cancellations can usually result in a partial refund depending on which services within the packages are not yet realised. If such cancellations are required, please don’t hesitate to contact us at info@mitsukibo.com. If the reason for cancellation is due to not being happy with our services, we will give you options to allow us to rectify any problems you have, if due to changes in your circumstances, we will usually do so without any problems.

Promotions

From time to time we offer promotional items or bonus items along with our products or services.

Where promotions have an expiry date, this will be stated clearly on the page offering the promotion. We make all attempts to fulfill the delivery of the promotional or bonus items. However, in such times that due to circumstances beyond our control they become unavailable or cannot be delivered, we will generally offer the choice of an alternative item or refund to the recommended retail value amount of the non-deliverable item. Where a promotional item is a physical product, it will only be shipped to an Australian address.

Our quoting process and project ‘deadlines’

Please read the information presented on any quotes given to you carefully.

We pride ourselves in delivering projects within any timeframes that may have been stated and / or promised. In the event that projects are not delivered within expected timeframes, we are not liable for any damages or costs incurred to you as a result, nor will we provide any form of compensation to you.

Development of any software and / or custom technical solutions

* The developed software may comprise of a variety of components with varying copyrights.
* You will be permitted to modify and resell the developed software along with any used copyrighted Mitsukibo Pty Ltd components required for the functioning of the developed software, when used in conjunction with the developed software.
* You will be provided with all source code for the developed software components.
* You are not required to use Mitsukibo Pty Ltd exclusively to further develop the software components. Any support attributed to changes made by a third party other than Mitsukibo Pty Ltd are chargeable at Mitsukibo Pty Ltd's’ standard support rates.
* All developed software components may be re-used by Mitsukibo Pty Ltd or incorporated in part in other products and Mitsukibo Pty Ltd will also retain a copy of the source code.
* If Mitsukibo Pty Ltd underlying Web OS framework is to be used on the developed project, they retain exclusive copyright of this underlying OS framework only. Source-code will not be provided for this underlying OS framework.
* Parts of the developed software make use of 3rd Party components under various Open Source Licences.
* All Open Source Components used will be provided along with their licensing terms.
* As terms and conditions of Open Source Components vary, which-ever licensing terms they require must be honoured – they do not restrict commercial sale of new products that make use of them.
* All developed solutions include a thirty (30) day “bug fix” period upon completion and delivery of the development project. We will attempt to remedy any identified bugs that are not changes, enhancements or new requirements to original agreed scope.

GENERAL SERVICE LEVEL OVERVIEW

At Mitsukibo Pty Ltd we believe your business is important to you. We believe in providing a professional service and approach to our services that let you get on with your business and not have to worry about the technical side of setting up and keeping your website and online store running.

We will do our best to ensure that your website or online store is up and running and accessible to customers.

You can have some piece of mind in knowing that we take regular backups and regular off-site backups to protect your website, online store and data from potential hardware or software failures.

Domain name inclusions are valued up to AU$30.00 only. Domains that are valued more than AU$30.00, such as Premium Domains or Domains that have to be bought by auction, the additional costs above AU$30.00 will need to be paid by you, the customer or client.

We have a strict privacy policy which we adhere to and only with your consent if special circumstances arise deviate from it, or as required by law.

If a customer or users is given FTP access, it is at their own risk and Mitsukibo Pty Ltd is not liable for any data loss as a result.

Even though regular backups are taken, Mitsukibo Pty Ltd is not liable for any data loss or any impact that customers may experience to themselves or their business.

Website and online store sub-page(s) (i.e. not index homepage) are not necessarily SEO optimised.

Our services will operate on most web browsers. However, we do not guarantee that content will look the same across all browsers and in some cases, the services themselves may actually be un-useable. However, we will always do or best to ensure that any services developed will be compatible with as many common browsers available at the time of delivery. If you require updates to these services in future to cater for new browser compatibility / functionality or require changes in general, this will need to be re-scoped and costed as required.

If any problems are identified with any Website internal links developed by us, not inclusive of external links, we will attempt to rectify this at no cost to you. We are not responsible for any external content that may become unavailable or changed.

We will not resolve any issues raised as a result of incorrect usage of our CMS system, Website, Online Store or Booking System without the use of support tickets as part of our Support Ticket support programme. i.e. if you remove content unexpectedly or break features and functions of your CMS system, Website, Online Store or Booking System, you will need to use a support ticket to get it investigated and rectified where possible.

Limited support tickets are sometimes supplied or additional support tickets can be purchased. A support ticket can be used to resolve any usage or technical issues and each support ticket can only be used once. When a support ticket is used, Mitsukibo Pty Ltd will investigate and attempt to resolve the issue within 30 minutes of their effort. If additional time is required to resolve any issues, we will use our discretion and may choose to bring this to your attention. Mitsukibo Pty Ltd will expire the support ticket once it is used.

Domain names can be changed after a store has been created – additional fees apply, contact us for more information.

We don’t run your store for you within the scope of our support, such as adding, removing stock, customers and fulfilling orders – however we will do our best to provide answers to any technical or operation questions you have.

Outages & Disruption of Service

Outages and resumption of service that we are aware of are announced on our website and may also be done via email to our existing customers.

For scheduled non-emergency outages, we will announce the outage as it is planned (usually giving at least 5 days notice).

For unscheduled outages or emergency outages, we will announce it the earliest we are aware of the issue.

We strive to keep outages a minimum, but cannot guarantee that they will not happen. We still recommend that you take appropriate backups and ‘fall-back’ measures in the event your service is interrupted for extended periods of time.

Disruption of Service apart from outages can occur if payment is not received within 30 days after the required due date of the payment for a service. This is usually due to us deactivating a service should this be decided the appropriate course of action by Mitsukibo Pty Ltd. This will however be considered as our last resort course of action should payment not be made or us accepting the justification of a late payment.

[1] WE DISCLAIM ALL LIABILITY TO YOU FOR DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL FEES.

[2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT, INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

[3] CONTENT ON THIS SITE ARE PROVIDED TO YOU “AS-IS”. NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS TO THE CONTENT OR ANY MEDIUM THEY MAY BE ON, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

[4] SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS.

We also reserve the right to deactivate your services as a result of any legal issues, illegal content and / or illegal activities brought to our attention as determined by applicable laws. We may assist police or any other legal institution in any manner they ask, where required by law. This could include giving them access to your content.

We, Mitsukibo Pty Ltd reserve the rights to change our terms and conditions without notice. Please refer back to the SLA, Privacy, Terms and Conditions web page for the latest terms and conditions.