Terms & Conditions
View our terms & conditions below
Table of Contents
- These Terms
- What You Are Allowed to Do
- What You Must Not Do
- What You Must Do
- What You Must Pay For
- Pro or Enterprise Versions
- What MavSocial Is Allowed to Do
- What MavSocial Is Responsible or Liable For
- What Rights Are There in the Website and Your Content
- How Long Do These Terms Apply
- What Happens If There Is a Dispute
- Other Terms
- Definitions and Interpretation
Maventus Group Inc, a registered company in the State of Delaware and the product name of “MavSocial” and herein after referred to as MavSocial.
- These terms set out important rights and obligations that are legally binding between you and MavSocial.
- These terms bind you if you use the MavSocial website, including if you are only browsing the website.
- MavSocial may update these terms. Updated terms only apply to your use of the MavSocial website after the update and until any further update. You are responsible for checking for changes to these terms to determine if new terms apply.
- These terms contain bolded words which have the meaning given to them in the back of these terms.
What You Are Allowed to Do
- You may use the MavSocial website in the way it is intended to be used as indicated on the MavSocial website in accordance with these terms. This means that some functions are only available to you if you register for an account and if you pay a subscription fee.
- You may create a link on another website to the MavSocial website but it must not be a website that abuses, harasses, stalks, threatens or defames others, or a website that is obscene, hateful or objectionable on race, ethnicity or other grounds or a website an association with which would otherwise bring MavSocial into disrepute.
What You Must Not Do
- You must only use the MavSocial website or any part of it in the way it is intended to be used for your level of access. The MavSocial website indicates different levels of access for the Small Business Edition, PRO and Enterprise versions. Each of these may not be used without valid registration of a MavSocial account. You must not attempt to access functions other than that to which you are entitled to as indicated on the MavSocial website.
- In particular, you must not:
- Copy the MavSocial website or any part of it, including any software or part of it;
- Create or attempt to create any other legal interests in the MavSocial website or your account, or use the MavSocial website to provide services to others that are the same as or similar to those provided by MavSocial, whether or not they pay you for it;
- Do anything to or through the MavSocial website that may harm the operation of the website or use of the website by others, including hacking, deleting, augmenting or altering the website;
- Reverse engineer, translate, decompile, disassemble the software underlying the MavSocial website or access information on the MavSocial website other than through normal use of a browser;
- Use any spider, scraper, robots, data or image gatherer or extractor, algorithm, method or process on or through the MavSocial website to access, copy, obtain or monitor data on the MavSocial website;
- Keep or use the software underlying the MavSocial website in any format other than machine-readable format.
- You must not, in your use of the MavSocial website, act or omit to act, in a manner that breaches:
- Laws, including privacy laws;
- Rights of others, including breaching others’ intellectual property rights, using material outside the terms of any applicable license, or using material that belongs to your employer for yourself, which may include material you create after-hours; or
- MavSocial’ policies applying at the time of your use.
- You must not, in your use of the MavSocial website, injure or offend others including:
- Abusing, harassing, stalking, threatening or defaming others;
- Sending or posting spam or other unwanted content;
- Publishing content that is obscene, hateful or objectionable on race, ethnicity or other grounds;
- Doing anything else that may bring MavSocial into disrepute.
- You must not rely on MavSocial, the MavSocial website or information on it – see further paragraph 8.
What You Must Do
- You must take reasonable steps to ensure that your use of the MavSocial website does not install, transmit or materially contribute to the installation or transmission of viruses, worms, malware, Trojan horses or other harmful or destructive content.
- If you create an account with the MavSocial website, you must:
- Take all reasonable steps to prevent unauthorised access to and through your account;
- Give the account an appropriate name so that it is not misleading, unlawful or infringes on others’ rights.
- If you use functions on the MavSocial website that allow you to publish content on other websites, you must:
- Have an account for use of that website and otherwise have a right to use that website through that account;
- Comply with the terms, conditions and policies applying to use of those websites.
- You must inform MavSocial via email at firstname.lastname@example.org if you believe that:
- There has been unauthorised access to your account or there has otherwise been a breach of security that may result in unauthorised access to your account;
- Anything on the MavSocial website infringes anyone’s intellectual property rights or other rights.
- If MavSocial suspects that you have breached these terms, you must provide MavSocial with information and access to verify such information as requested by MavSocial, free of any charge.
- If MavSocial requests your assistance to defend its intellectual property rights or to defend itself against a claim by another, you must give MavSocial all reasonable assistance.
What You Must Pay For
- You need not pay MavSocial for using the MavSocial website if you are using the Small Business Edition or a free trial option of the PRO version or if you are just browsing the website, although you must still pay MavSocial in the circumstances set out in paragraphs 5.2 and 5.3.
- You must pay for certain products, services and application add-on functions that are available on the MavSocial website before you are given access to them, as indicated on the MavSocial website.
- You must pay MavSocial or, if applicable, its affiliate or any of their respective directors, officers, employees, agents or contractors for all loss any of them incurs or suffers as a result of:
- Any claim by others against MavSocial in relation to your use of the MavSocial website; or
- Your breach of these terms,
- That is, you indemnify MavSocial and its affiliates and each of their respective directors, officers, employees, agents and contractors against all such loss.
- If you choose to subscribe for use of the MavSocial website, for example, for use of the PRO or Enterprise versions, further payment terms apply as set out in paragraph 6.
PRO or Enterprise Versions
- The following payment terms apply if you make an application to upgrade your account to the PRO or Enterprise versions:
- Your application is an offer to MavSocial which is only accepted by MavSocial and legally binding on MavSocial when your payment has been processed. Until accepted, MavSocial may reject an application in its absolute discretion.
- You warrant that you are entitled to purchase a subscription using the payment details you provide. If MavSocial suspects that you are not, it may contact the issuing bank, any payment provider, law enforcement authorities or other third parties.
- If there is an incorrect statement on a price, MavSocial is not obliged to provide you with a subscription at that price, and may by notice to you, cancel the subscription and refund you any money you have paid MavSocial in full or you may pay the correct price.
- You are responsible for paying any taxes, levies, and duties in relation to the services provided, in addition to the subscription fees.
- If you choose to automatically renew your subscription, unless you notify MavSocial before the end of your current subscription that you no longer wish to subscribe, your subscription will renew for the relevant period. MavSocial will use the same card, or other payment method, that you previously used to process payment for the renewed subscription.
- MavSocial does not usually give refunds, but if it chooses to do so, it may credit that refund to the credit card, or other payment method, you used to submit payment or in any other way.
- Once your application is processed and accepted, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period and you are not entitled to a refund.
- If you choose to pay for a subscription in periodic instalments (for example, an annual subscription, payable in monthly instalments) and you fail to make any periodic instalment required (including because your credit card is no longer valid), you will remain liable to pay all outstanding periodic instalments even if MavSocial suspends the service to you or locks your account.
- MavSocial will use reasonable endeavors to activate your access to the relevant subscription version once payment has been processed. If MavSocial suspects you are in breach of these terms, including any obligation to make payment for a subscription, MavSocial may suspend the service to you and lock your account and may delete your data and content 90 days after notice to you of its intention to make such a deletion.
What MavSocial Is Allowed to Do
- Where there are allegations that you have breached others’ rights in your use of the MavSocial website;
- Providing statistical data for various purposes, including benchmarking, research, marketing, surveys, analysis, reports, and studies, but MavSocial will only use non-personally identifiable information you give MavSocial in aggregate and blended formats, that is data that does not identify, reference or imply an association with you.
- MavSocial may stop or restrict your access or use of the MavSocial website at any time and for any period of time, including without notifying you that it has done so, and may delete your information, content and publications in doing so.
- MavSocial may change the MavSocial website at any time, including deleting or modifying content, functions and storage limits.
- MavSocial may change information about you, your content or publications if it reasonably believes that doing so is required to ensure that MavSocial or any of its affiliates does not breach laws or others’ rights or to remove offensive material. To be clear, MavSocial is not required to do so and you remain responsible for your use of the MavSocial website.
What MavSocial Is Responsible or Liable For
- MavSocial is not responsible for the acts or omissions of others, including:
- The products or services provided by third parties which you may use in using the MavSocial website, the content of their websites, their conduct or business practices, even if the MavSocial website contains their trademarks or other references to them or links to or from their websites;
- Unauthorized access including to or through your account;
- Hacking of, and other damage done to the MavSocial website, including where this results in changes being made to information about you, your content or publications on the MavSocial website and other websites.
- MavSocial is not responsible for any of your acts or omissions, including those based on content on the MavSocial website. To be clear:
- You remain responsible for content that you create, publish and distribute through the MavSocial website;
- MavSocial gives no warranty and makes no representation about others or their products or services and MavSocial does not endorse, sponsor or recommend others and MavSocial should not be taken to partner or be associated with others, even if the MavSocial website contains their trademarks or other references to them or links to or from their website.
- MavSocial is not responsible for giving you access to or facilitating your use of the MavSocial website. In particular, MavSocial gives no warranty about the MavSocial website or your access to it, and the MavSocial website may:
- Contain content which MavSocial does not own and has no right or interest in;
- Not suit or fit the purpose of your use of it or your other requirements;
- Be temporarily or permanently unavailable or may not be secure, reliable or complete;
- Have defects or errors, including ones that are not corrected;
- Contain or transmit viruses, worms, malware, Trojan horses or other harmful or destructive content;
- Not update content you publish on or through it within the timeframe you require.
- MavSocial is not responsible for things which are outside its reasonable control including act or omissions of its suppliers, political or monetary action by government and non-government actors, terrorism, the effects of other force majeure events such as war, invasion, hostilities, nationalisation, sanctions, strike, labour dispute, riot, crime, earthquakes, fires, lightning, storms, hurricane, floods, volcanic eruptions, failure of electricity, telephone or internet service.
- In these terms, where it is stated that MavSocial is not responsible for any act, omission, fact or circumstance, or may act in a certain way, that means that MavSocial is not liable for such act, omission, fact or circumstance.
- In any case, MavSocial is not liable to the extent any claim is made for indirect, special, consequential or exemplary damages, any loss of data, use, profits or opportunity or business interruption, even if MavSocial were specifically notified of the possibility of such damage.
- If applicable laws prohibit or restrict MavSocial from excluding its liability then, only to the extent such laws apply, MavSocial’ liability is not excluded by these terms.
What Rights Are There in the Website and Your Content
- MavSocial or a MavSocial affiliate owns the MavSocial trademarks used on the MavSocial website, including the look and feel of the MavSocial website such as page headers, custom graphics, button icons and scripts. You do not obtain any express or implied right or interest in these. You must not:
- Use any of the MavSocial trademarks or any trademark which is similar to or likely to be confused with that MavSocial trademark as your own;
- Use any MavSocial trademarks or variations of it as a domain name or part of one, or as a metatag, keyword, or other type of programming code or data;
- Copy or imitate the MavSocial website or any part of it;
- Tarnish, disparage or reflect adversely on the MavSocial trademarks;
- Challenge MavSocial’ right to such trademarks.
- Intellectual property rights apply to content on the MavSocial website. MavSocial or others own or have interests in such intellectual property rights. You do not obtain any express or implied right or interest in such intellectual property rights except for the right to use the MavSocial website in accordance with these terms.
- If you create, publish and distribute content for social media through the MavSocial website, as between you and MavSocial, you own the intellectual property rights in such content. Of course, other others’ intellectual property rights may also be relevant, for example, if you are licensing images for use. MavSocial will only use your intellectual property rights to provide its services to you.
How Long Do These Terms Apply
- These terms apply from your first use of the MavSocial website and cease to apply once you stop using the MavSocial website for whatever reason, for example, if you cancel your MavSocial account, except that these terms continue to apply to your past use of the MavSocial website.
- If you breach these terms:
- You must stop using the MavSocial website;
- MavSocial may make a claim against you, including a claim for injunctive relief especially where MavSocial suspects you have breached its intellectual property rights and you agree that damages are not an adequate remedy in such a case.
What Happens If There Is a Dispute
- These terms are governed by and are to be construed in accordance with the laws of State of California. The UN Convention on Contracts for the International Sale of Goods does not apply to these terms.
- We both submit to the non-exclusive jurisdiction of the courts of State of California.
- We may serve documents on you in any claim against you by emailing you at the last email address you provided to MavSocial and by registered post to the address you last provided to MavSocial and in any other way permitted by law.
- If you have a claim against MavSocial, you must not commence proceedings in any court without first:
- Giving MavSocial notice of your claim including reasonable details of the claim by emailing MavSocial at email@example.com
- Negotiating in good faith with MavSocial about your claim; and
- Attempting to resolve any dispute on the claim within 60 days of notice of your claim.
- Business use: If you are accessing this site on behalf of a business or as part of your employment, you warrant that you have authority to agree to these terms on behalf of the entity conducting the business and that these terms constitute a legal, valid and binding obligation enforceable against that entity.
- Individual use: If you are accessing this site for personal use, you warrant that you are at least 13 years old.
- Warranty by all users: All information you give MavSocial on creating an account is accurate and not misleading and you will update information in your account as soon as reasonably practicable if you continue to use the MavSocial website. As far as you are aware, you have not created more than one account on the MavSocial website.
- Entire agreement: These terms contain the entire agreement between us in relation to your use of the MavSocial website. Any other prior document, representation or communication between us does not form part of our agreement.
- Amendment: These terms may only be amended by MavSocial as set out in paragraph 1.3 or by written agreement signed by both of us.
- Waiver: These terms or any breach of them may only be waived by written notice signed by the party waiving its rights and any such waiver is only in relation to that specific instance unless expressed otherwise.
- Assignment: You cannot assign any rights you have in these terms to another. MavSocial may assign its rights or novate its rights and obligations under these terms to any of its affiliates or to a person who acquires the rights to the MavSocial website or any of their affiliates.
- Notice: Notice to a party is only taken to be given if sent by email. Notice is taken to be given on the business day after the day on which the email is sent. Notice to MavSocial by email is only taken to be given if sent to firstname.lastname@example.org and headed “Terms – Legal Notice”. Notice to you by email is taken to be given if sent to you at the email address you last give MavSocial. Each party may, in addition to giving notice by email, also send notice by registered post.
- Invalidity or unenforceability: If any part of these terms are invalid or unenforceable, that part shall be excluded from these terms, or if essential to these terms, interpreted so as to avoid the invalidity or unenforceability. In any case, such invalidity or unenforceability shall not affect the rest of these terms.
- Interpretation: These terms are not to be construed in favor or against either of us but are to be construed in accordance with the fair meaning of its language.
Definitions and Interpretation
- Affiliate of a person means any person that controls, is controlled by or is under common control with that first mentioned person, where “control” means (a)To possess, directly or indirectly, the power to direct the management or policies of a person, whether through ownership of voting securities, by contract relating to voting rights or corporate governance or otherwise, or (b) to own, directly or indirectly, fifty percent or more of the outstanding voting securities or other ownership interest of such person. Challenge means challenge or contest in any legal action or otherwise or assist or encourage any other person to do so.
- Claim means a claim whether or not the subject of legal proceedings and includes demands, action, suit, litigation, proceedings, investigations and regulatory action, and cross-claims.
- Content means images, graphics, text, audio files, computer software and other content, including the selection and arrangement of such content.
- Copy means to copy or reproduce including:
- By framing, downloading, emailing, transmitting, republishing, displaying or performing;
- Electronically or in physical form,
- Through enhancements, translations, adaptations, derivative works and works with modifications.
- Entity means company, trustee, partner, individual or any other entity recognized under law as having legal capacity.
- Intellectual property right means each of copyright, trademarks, patent, trade secret, confidential information and other rights of a similar nature.
- Law means all law including legislation, regulations, binding court rulings and binding government agency rulings.
- Legal interest means any interest that is recognized by applicable Laws, including licenses, sub-licences, transfers, sales, leases, time shares, encumbrances, mortgages and other security interests.
- Loss means loss, damage, costs, expenses, charges, outgoings or payments including lawyers’ fees whether in-house or external.
- MavSocial means:
- If you are using the MavSocial website from any other geographic location outside the National borders and Territories of the United States of America; Maventus Group (HK) Pty Ltd, a company registered under the laws of Hong Kong SAR;
- If you are using the MavSocial website from the United States of America, Maventus Group Incorporated, a company registered under the laws of the State of Delaware.
- MavSocial trademarks mean all registered and unregistered trademarks used by MavSocial or any of its affiliates.
- MavSocial website means the collection of webpages including those with the domain name www.maventus.com or www.mavsocial.com maintained by MavSocial or any of its affiliates.
- Trademarks means all trade names, trademarks, logos, service marks, domain name or other indications of origin, whether registered or not, and includes those enforceable under common law.
- You means the user of the MavSocial website:
- Individual: If you access the MavSocial website for personal use, “you” means the individual accessing the website;
- Business entity: If you access the MavSocial website on behalf of a business or as part of your employment, “you” means the entity which conducts the business.
- A reference to a person includes a reference to any entity and to its successors in title and any of its permitted assigns;
- Use of the words ‘for example’ or ‘include’ are not words of limitation;
- Other parts of speech and grammatical forms of a word or phrase defined in these have a corresponding meaning to that given in the definition section.