Moving Data Terms of Use

By completing the User registration form (creating a User account) or the acceptance or use of a User registration you agree to be bound by the following terms and conditions (“Terms of Use“).

  1. Definitions

1.1. “Act” means the Telecommunications Act 1997(Cth).

1.2. “Agreement” means this Standard Agreement, comprising Part A –  these Terms of Use and Part B – our Privacy Policy which forms the entire agreement between Moving Data and the Client for public Website visitors and Trial Service Clients.  For Clients of a paid-for Service the Agreement shall include in addition to Part A and Part B herein Part C our Service Subscription Terms and Conditions and Part D – Service Description.  Any such Agreement shall be subjugated to but form part of any separate or further customised and executed written agreement between Moving Data and a Client.

1.3. “Authentication Details” means any URL, user identities, security and passwords we provide to you as part of the Trial Service.

1.4. “Claim” means any claim, action, proceeding, judgment, damage, loss, expense or liability, including legal costs, whether direct or indirect, however calculated.

1.5. “CLI” means calling line identification.

1.6. “Client” means the legal entity entitled to ownership of the e-mail address used by the registered User and to which the User is associated through an employment relationship, consulting arrangement or similar circumstances.  Client shall not mean an Internet Service Provider (ISP) or similar provider even though such provider may be entitled to ownership of the e-mail address utilised by the User.

1.7. “Confidential Information” means all information relating to Content, the Service, Moving Data, its Related Bodies Corporate or the , which is or has been disclosed under or in connection with this Agreement or learnt or acquired in the performance of this Agreement, other than any such information which:

(a) was in the public domain at the time of its provision, otherwise than through a disclosure in breach of this agreement; or
(b) is or lawfully came into the possession of the other party otherwise than as a result of a disclosure in breach of this agreement.

1.8. “Connection” means the activation of the Services. Connected has a corresponding meaning.

1.9. “Content” means all visual, written or audible data, text, images, sounds, computer programs and any other information or material including, without limitation: personal information, documents, spreadsheets, messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by or for the User.

1.10. “Disconnection” means the disconnection of a Connection.  Disconnected has a corresponding meaning.

1.11. “Moving Data” “We” “Our” or “Us” means Moving Data Pty Ltd (ACN 007 382 032), the owner of the website known as Moving Data; located at movingdata.com, its successors and assigns and Related Bodies Corporate.

1.12. “Non-excludable Rights” means rights and remedies conferred on a party by the Trade Practices Act 1974 and similar legislation which cannot be excluded, restricted or modified.

1.13. “Intellectual Property Rights” means all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

1.14. “Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

1.15. “PIN” means the personal identification number used by a Client to access the Services, or any part of the Website.

1.16. “Privacy Act” means the Privacy Act 1988 as varied or replaced from time to time.

1.17. “Privacy Policy” means the privacy policy of Moving Data as varied or replaced from time to time, which forms Part B of this Agreement and is made available to Clients here.

1.18. “Re-connected” means the re-activation of a Connection which has been Disconnected.

1.19. “Related Body Corporate” has the meaning given to the term in the Corporations Act 2001.

1.20. “Service” and “Services” means the Service (and each of them) available on the Website located at movingdata.com, provided to the User by Moving Data; (including, without limitation, Device Director;, the Trial Service or any other facility to receive, store, process and display tracking or locational information in various forms) in accordance with this agreement and with the characteristics and features as described at movingdata.com from time to time.

1.21. “Software” means the software and all associated documentation and other materials provided by Moving Data; to Client to access the Trial Service.

1.22. “Standard Agreement” has the meaning given to the term by Part 23 of the Act.

1.23. “Team” means a single service with a defined set of subscription terms and limited group of Users who are authorised to access the service.

1.24. “Trial Service” means a Service, provided for a period notified to you free of charge, which is under development or evaluation and is marked “trial”, “demo”, “beta”, “free”, “evaluation” or a similar designation.

1.25. “User” or “You” means an individual holder of an e-mail address who gains access to or uses the Services provided on Moving Data;.

1.26. “Website” means Moving Data’s website at movingdata.com, movingdata.io any subdomain (*.movingdata.com, *.movingdat.io) and any properties identified as ‘enablers’ of Moving Data – (siphon.io, securesms.io,

  1. Interpretation
    In this Agreement, unless the context otherwise requires:

(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and visa versa;
(c) all references to dollars, value and price are to the Australian currency;
(d) references to a party includes its successors and permitted assigns;
(e) references to payment to any party includes payments to another person on the direction of that party; and
(f) a reference to any statute includes any amendments, re-enactments or replacements to that statute from time to time.

  1. Service and License Grant

3.1. You may use the Service supplied by accessing the Moving Data; website for personal use and in accordance with the terms set out in this Agreement. Certain parts of the Service – in particular the Moving Data Enabler Services – are payment-only.  Additional terms set out in Part C and Part D apply to such parts of the Service and full details may be requested from Moving Data on the Client applying for subscription to paid services.

3.2. If we accept the Client’s application, we will provide to the Client a non-transferable, non-exclusive, non-sublicensable limited term right and license for the Users to access and use the Trial Service to you for a period notified to you in accordance with these terms and conditions.  Provided you do not do any of the things set out under “What you are not allowed to do” in section 6 below, you may browse the Website using a compatible web browser and in doing so may make transient or cached copies of parts of the website to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Website by you and you may print a copy of any page of the Website for your own personal purposes.

3.3. Subject to the national regulatory policy on numbering:

(a) Moving Data may allocate a number to the Client’s Service and vary that number; and
(b) the Client has and can claim no legal interest or goodwill in any number or PIN allocated by Moving Data.

3.4. Moving Data; reserves the right to effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Service, at any time without prior notice.

3.5. Moving Data will take all reasonable steps to make sure that the Client can receive the Service. However, the Client acknowledges that:

(a) the Service is not free from faults or interruptions;
(b) the Client may not be able to use the Service in some areas, or in some buildings, or at certain times;
(c) Moving Data does not warrant currency, availability, accuracy, security or quality of any information which a Client receives or can access using the Service; and
(d)the Client is responsible for any reliance on or use of the information which they receive or can access using the Service.

3.6. The Services are normally available over the Internet around the clock.  Moving Data; shall be entitled to take measures that affect the aforementioned accessibility where Moving Data; deems such to be necessary for technical, maintenance, operational, or security reasons.  The Client is also aware and acknowledges that the Client’s Connection cannot be guaranteed and that Moving Data; shall not be liable for deficiencies in the Client’s or User’s own Internet connections or equipment.  Moving Data; reserves the right to Disconnect Client or modify or upgrade the Services at its sole discretion in order to provide a quality commercial service to its Clients.

3.7. The Client may grant other Users access to the registered Teams so long as this is within the agreed number of Users as per the individual contract between the Client and Moving Data;.

3.8. Moving Data; shall be entitled to retain subcontractors for the performance of obligations in accordance with this agreement.

3.9. In the event the Client enters into this agreement and creates a User access using an e-mail address not belonging to the Client, such User access may be or may later become subject to additional terms and conditions resulting from the Client’s existing or future business relation with Moving Data;.  The User is aware of and acknowledges that the Client, in such event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User’s access to the Services.  Such actions may include, without limitation, administrative actions by the Client, instructions issued by the Client to Moving Data; and actions due to a discontinuation of an employment or consulting relationship with the User.  The terms of this Agreement shall be subjugated to any separate or further written agreement covering payment only services provided by Moving Data.

3.10. The map images are provided by a third party service provider to Moving Data;.  Moving Data; makes no warranties to the continued service operation except for current subscription clients and subject always to the terms the third party provider grants access to the service.

3.11. When the customer asset data is provided by a third party service provider;.  Moving Data; makes no warranties to the continued service operation and is subject always to the terms the third party provider grants access to the service.

  1. Trial Services
    Trial Services are provided strictly “as is”.  The Client may use a Trial Service in a manner consistent with the terms and conditions of this agreement, but Moving Data; may, at its sole discretion, disable certain features of a Trial Service and enforce time limits on the Client’s right to use the same.  In light of the fact that a Trial Service is provided free of charge, Moving Data; disclaims all warranties as set forth in this agreement and Moving Data; shall not be liable for any damages related to the User’s use of a Trial Service.
  2. Paid-for Services
    Usage of paid-for Services is governed by Part C –  Moving Data’s Service Subscription Terms and Conditions, which forms part of this Standard Agreement and binds Clients who subscribe to a Service.  A copy of the Part B –  Service Subscription Terms and Conditions and Part D – Service Description may be requested by contacting Moving Data.
  3. What you are not allowed to do

6.1. You must not use, attempt to use, or allow the Service or Trial Service to be used in any way:

(a) in connection with advertising, chain letters, junk mail, surveys, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise);
(b) to harvest or otherwise collect personal information about others, including e-mail addresses, without their express consent;
(c) to use, download, or otherwise copy, or provide or resupply (whether or not for a fee) to a person or entity any directory of any other person or any usage information, other than in the context using the Service as permitted under these terms and conditions;
(d) to attempt to gain unauthorised access to the Service or other accounts, computer systems, or networks connected to the Service through password mining or any other means or impersonate anyone else or otherwise misrepresent your identity or status;
(e) unless expressly set out in these terms and conditions, to use, copy, modify, create derivative works of, distribute, resell, rent, lease, assign, pledge, sublicense, loan, timeshare, deliver, distribute, grant a security interest in, or otherwise transfer any rights on or from the Website or in the Service (directly or indirectly, in whole or in part) or each of them;
(f) to reverse-engineer, modify, decompile, disassemble, translate, or otherwise attempt to learn, derive or view source code from any part of the Service except as permitted by a law which cannot be excluded;
(g) to defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy) of others or use the domain name of the Website as part of an e-mail address to post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise contrary to law;
(h) to upload, or otherwise make available, files or Content that contain images, photographs, software, or other material which infringes our rights or any other person’s rights, including Intellectual Property Rights or moral rights;
(i) to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar information that may damage the operation of another’s computer, property or information;
(j) to falsify, delete, alter or add any copyright management information, such as author attributions, Marks, copyright notices or other proprietary rights markings, or labels of the origin or source of the Service, Content or other material contained in a file that is uploaded;
(k) which results in you or us breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you have agreed to comply with;
(l) which results, or could result in damage to property or injury to any person;
(m) which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;
(n) to send, display or be otherwise involved in material which is obscene or defamatory or which would be considered by a reasonable person to be offensive or abusive;
(o) to engage in misleading or deceptive business or marketing practice or conduct that involves engaging in, providing or promoting unlawful trading activities including, without limitation, trading shares on inside information;
(p) which constitutes a misuse of our or any other person’s confidential information or which results in a breach by you of any obligation that you owe to any person.

6.2. The Client shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail or in any other manner and shall not disclose to any person any Confidential Information or security number provided by Moving Data (including but not limited to the Client’s PIN).

6.3. The Client undertakes, in conjunction with registration, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address.

6.4. The Client shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith.  All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by Users shall be the sole responsibility of the Client.

6.5. The Client shall be responsible for monitoring its Teams and shall be liable vis-à-vis Moving Data; for ensuring that Content transferred to or handled within the Services which is processed by the Client and/or individuals invited by the User does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licences from third parties as may be required in order to process the Content/use the Services.

6.6. The Client undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services.

6.7. The Client is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.

6.8. The Client undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.

6.9. The Client is obligated to notify Moving Data; regarding any suspected breach of these provisions and it is an important condition that you tell us as soon as you become aware that the access method used by you or any User is lost or stolen or you suspect that your (or any User’s) code has become known to someone else or its security compromised in any way.

  1. Intellectual Property Rights

7.1. Moving Data; shall retain all right, title, and interest, including all Intellectual Property Rights, relating to or embodied in the Software and Service (including text, photographs, maps and other images and sound, trade marks and logos) contained in this website is either owned by Moving Data; or has been licensed to Moving Data; by the rights owner(s) so that Moving Data; can use this material as part of its Services.  You are only allowed to use this website and the material contained in the website as set out in these terms.  Access to the Services is licensed, not sold.

7.2 All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Client shall remain the sole property of the Client or its respective legal owner.  The reproduction, copying, downloading, storage, recording, broadcasting, retransmission and distribution of any part of the website is not permitted without prior written consent of Moving Data;. The information is copyright and may not be copied, even if modified or merged with other data or software.  Client grants to Moving Data; a non-exclusive, worldwide, royalty-free, fully-paid, transferable license to host, cache, record, copy, and display Content solely for the purpose of providing the Trial Service to Client.  Except as licensed in these terms and conditions, as between Client and Moving Data;, Client retains all right, title, and interest in and to the Content.  Moving Data; shall have no liability for such Content.

  1. Privacy
    Usage of your personal information is governed by Part B –  Moving Data’s Privacy Policy, which forms part of this Standard Agreement and binds us both.  In the event that Moving Data undergoes reorganization or is sold to a third party, you agree that any personal information Moving Data holds about you may be transferred to that reorganized entity or third party.
  2. Authentication Details

9.1. Moving Data; shall not be responsible for loss or distortion of Content forwarded electronically in or through the Services where such is not due to the negligence or intentional acts of Moving Data;.

9.2. The Client shall ensure that the Authentication Details including, without limitation, identities, passwords, and equivalent obtained by the Client’s Users in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties.  The Client shall be liable for any unauthorised use of the Services. Moving Data; shall have no liability for any loss or damage arising from the Client’s failure to comply with these requirements.

9.3. Where it is suspected that any unauthorised person has become aware of any Authentication Details, the User or the Client shall immediately notify Moving Data;.

9.4 The Client is solely responsible for the security of its Authentication Details and the use of the Trial Service using Client’s Authentication Details, regardless of whether or not the use was authorised by Client. Except if such loss or damage is caused by our negligence or material breach of this Agreement, we are not liable to Client for any loss or damage that Client or any third party suffers as a result of Client’s use of the Trial Service or from disclosure of Client’s Authentication Details prior to notification.

9.5. After Moving Data; has been notified of a suspicion that an unauthorised person has become aware of a User identity/password, the Client shall be liable for Moving Data’s acts or omissions only where the Client or User has acted with intent or gross negligence.

9.6. Moving Data; shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. Moving Data’s security measures are set forth in the Security Policy as applicable from time to time and available on request.

  1. No Warranty

10.1. Subject to clause 11.5, Moving Data; is providing the Service on an “as is” and “as available” basis and that your use of the Service is at your sole risk. On that basis, except as expressly set out in these terms, Moving Data; does not enter into conditions, warranties or other terms in relation to the website or the Service (including any implied term relating to quality, fitness for a particular purpose).

10.2. To the extent permitted by law, Moving Data; expressly disclaims all warranties with respect to the Services, whether express or implied, including without limitation: fitness for a particular purpose; accuracy or reliability of results from use of the Services; that the Services will meet specific requirements; that information or Content available through the Service will be accurate, complete, or current; that the Services will be uninterrupted, completely secure, free of software errors; or that defects and deficiencies in the Services will be corrected.

  1. Limitation of Liability

11.1. The Client shall not be entitled to damages (including for losses arising as a result of breach of contract or negligence) or other remedies in the event of disruption of operations or errors that impede Connection.

11.2. In the event direct or third-party claims are brought against Moving Data; as a result of the use of the Services, the Client shall hold Moving Data; harmless in respect of any such Claim.

11.3. Moving Data; shall not be liable to the Client in the event of the Service not being available for use, lost profits, loss of business, distortion, corruption or loss of data or other defects or deficiencies in provided Services or support that are due to Moving Data;. Except as provided in these terms Moving Data; will not be liable for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of assets, loss of goodwill, loss of any hardware, software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising, even if advised of the possibility of such damages or for any claim by any third party. Moving Data; is not liable to Client for any warranties or Content including without limitation errors in Content made by a third party and Moving Data; is not responsible for representations, omissions or errors by a third party. Errors must be notified by the Client in accordance with Moving Data’s instructions as issued from time to time.

11.4. Moving Data’s liability in accordance with this agreement is limited to the amount paid by you in respect of any paid-for Service. Under no circumstances shall Moving Data; be liable for direct or indirect losses, loss of profits or anticipated savings, loss of revenue, loss of data, or claims for compensation from third parties.

11.5. Notwithstanding anything in these terms and conditions, you may have the benefit of certain rights or remedies pursuant to the Trade Practices Act 1974 (Cth) and similar State and Territory laws in Australia (and New Zealand as appropriate) in respect of which liability may not be excluded. If so, then to the maximum extent permitted by law, such liability is limited, at Moving Data’s option:

(a) in the case of goods, to either the replacement of the goods or the correction of defects in the goods; and
(b) in the case of services, to either the resupply of the services or the cost of the resupply of the services.

11.6. Client agrees that to the extent permitted by law, Moving Data; will not be liable for:

(a) any Content, including Content that is sent, received, held, released or otherwise connected in any respect to the Service;
(b) Content that is sent but not received;
(c) any access to or alteration of Content;
(d) any Content sent using and/or included in the Service, including without limitation any threatening, defamatory, obscene, offensive, or illegal Content;
(e) the conduct of anyone other than our employees, agents and subcontractors (or in respect of Moving Data, its employees, agents and subcontractors); or
(f) any infringement of another’s rights, including privacy, Intellectual Property Rights, or privacy rights.

  1. Force Majeure
    Moving Data; shall be released from liability in damages and other sanctions where the Client’s access to the Services is prevented or rendered materially more onerous due to circumstances beyond Moving Data’s control and which it could not have reasonably foreseen. Such force majeure events include, inter alia, labour conflicts, lightning, fire, viral outbreak, decisions of public authorities or other public regulations, errors in another operator’s network, delays in services from subcontractors due to events as stated above, general scarcity of transport, goods, energy, labour, extreme weather events or other similar circumstances.
  2. Confidentiality

13.1. Moving Data; undertakes not to disclose to any third party, or otherwise make available, information received by Moving Data; from the Client within the scope of this agreement. “Third party” in this section shall not mean the Users who have access to the same Team, unless the Users’ authorisation and access to the Team is specifically restricted by the Client. This confidentiality obligation shall not apply to such information as Moving Data; can demonstrate became known to Moving Data; other than pursuant to this agreement or which is in the public domain. Nor shall the duty of confidentiality apply where a party is obligated to provide information pursuant to legal provisions, public authority regulations or court orders. The duty of confidentiality shall remain in force notwithstanding the termination of this agreement.

13.2. Moving Data; reserves the right to analyse usage patterns in an aggregated form.

13.3. Moving Data; accepts no obligation to monitor the use of the website.  However, Moving Data; reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Moving Data; will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

13.4. Except for Content mentioned above and other than pursuant to the User’s instructions, legal provisions, public authority regulations or court orders, Moving Data; shall not be entitled to review Content processed by the Client via the Services.

  1. Amendments

14.1 Moving Data; reserves the right to amend the terms and conditions of this agreement at any time without prior notice. The Client shall be informed of such amendments by e-mail or through the information being made available on the website.

  1. Term and Termination

15.1. This agreement shall enter into force upon acceptance by the Client of these terms and conditions. This agreement shall remain in force for 90 days, renewing automatically for further periods of 90 days, until such time that all Teams and the Client account are closed.

15.2. This licence is effective until terminated. It will terminate upon the conditions set out in this agreement or if Client fails to comply with any of its terms. Upon termination Client agrees that all Authentication Details will be destroyed and al Client and User access rights to Moving Data; will end.

15.3. Upon termination of a Team or this agreement, Moving Data; shall not be responsible for the Content generated within the scope of the Team in question or the Services. Accordingly, the Client must ensure that the Client possesses any necessary back-up copies of Content that the User desires to retain.

15.4. Upon the active termination of this agreement by the Client, Moving Data; shall hold pre-existing data for a period no longer than ninety (90) days. In the event of expiration of the subscription term of a Client and in the absence of the Client ‘s renewal of the same, Moving Data; shall be entitled to delete and destroy such Content thirty (90) calendar days following the expiration date.

15.5. Upon termination of a Client or this agreement for any reason, Moving Data; shall be entitled to and undertakes to permanently delete and destroy all copies of the Client’s Content related thereto within a timeframe reasonable relating to the back-up and administrative procedures applied by Moving Data; from time to time.

15.6. Upon termination of this Agreement, the Client must:

(a) return all property to Moving Data to which Moving Data has rights (including but not limited to Content and the PIN), whether under this Standard Agreement or under general law; and
(b) pay all amounts due to Moving Data within 14 days.

15.7. Sections 9 and 11 shall survive any termination of this agreement.

  1. Suspension and Termination of Service

16.1. Moving Data; shall be entitled, with immediate effect, to disable the Client’s access to the Services or to prematurely terminate this agreement where:

(a) Moving Data believes that the Service is being used to commit unauthorised, criminal or unlawful activities;
(b) the Client uses the Services in a manner that occasions losses or the risk of loss for Moving Data; or any third party;
(c) the Client uses the Services in a manner that violates Moving Data’s security or administrative regulations;
(d) it may be reasonably assumed that continued dissemination of Content violates any applicable law;
(e) the Client uses the Services in a manner whereby the Client utilises resources or seeks unauthorised access to Moving Data’s systems which are not intended for the Client;
(f) if we reasonably believe that the Client is infringing our Intellectual Property Rights;
(g) consider it unavoidably necessary to comply with any direction, notice, ruling, order, regulation, proceeding or investigation; or
(h) Moving Data is required to do so under any agreement with a third party or because a telecommunications service is unavailable from a third party;
(i) the Client or someone acting on the Client’s behalf informs Moving Data that it has lost a PIN;
(j) Moving Data has an incomplete record of information about the Client; or
(k) Moving Data suspects that its record of information about the Client contains materially incorrect or incomplete information
(l) if the Client otherwise fails to comply with the above and such breach of contract is material.

16.2. Moving Data; may suspend the operation of the website for repair or maintenance work or in order to update or upgrade the contents or functionality of the website from time to time. Access to or use of the website or any sites or pages linked to it will be not necessarily be uninterrupted or error free.

16.3. Moving Data; may terminate the Service immediately in the event you breach any of these terms and conditions or if the Client is late in or do not pay any sums due to Moving Data; or any company in Moving Data’s group.

  1. Assignment

17.1. The Client may not transfer or assign any rights and obligations under this Agreement without the prior written permission of Moving Data but this agreement will bind Client’s successors and assigns in any event at the sole discretion of Moving Data;.

17.2. Moving Data may, without notice to the Client:

(a) transfer its rights and obligations under this Agreement to its nominee;
(b) temporarily or permanently delegate its obligations under this Agreement;
(c) require the Client to novate this Agreement in favour of Moving Data’s nominee; and
(d) act with the Client’s irrevocable power of attorney to sign any necessary documents to enable any such transfer, delegation or novation.

  1. General Provisions

18.1. By using or browsing the website you are accepting that you are bound by the current terms and conditions.  You should check these each time you revisit the website.  These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

18.2. This agreement has been prepared in the English language and the same shall be controlling in all respects.  Any non-English versions of this agreement are provided solely for accommodation purposes.

18.3. If any provision of this agreement is declared unenforceable for any reason, the remainder of this agreement will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.

18.4. This Agreement constitutes a Standard Form of Agreement with the meaning of the Act.

  1. Governing Law and Disputes

19.1. This agreement and the ensuing relationship between Moving Data; and the Client shall be construed in accordance with, and governed by, the laws of the State of Victoria, Australia and each party shall submit to the non-exclusive jurisdiction of the Courts of that State.

19.2. All disputes relating to this agreement shall be adjudicated in Melbourne, Australia.