Terms of Use

Terms of Use Overview


Please read these terms and conditions carefully before using Mibaru services. The following are terms of a legal agreement between you and Mibaru. By accessing, browsing, or by beginning to use the Mibaru website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. Mibaru reserves the right to modify them at any time, and without actual notice to you. If you do not agree to these terms, please do not use this website.

Conditional Use of Our Site and Services

You must follow any policies made available to you within the services.

  • You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us
  • Will not copy or distribute any part of Mibaru in any medium without our prior written authorization
  • Will provide accurate information when creating an account or registering for our services
  • You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Mibaru’s prior written consent
  • You understand that the VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond our control such as power outages or the performance of your IP connection to our service may disrupt the service we provide.
  • The Site may permit user to link to other websites or resources on the internet, and other websites or resources may contain links to the site. These other websites are not under Mibaru’s control, and users acknowledges that Mibaru is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Mibaru
  • You must keep secure any password or PIN number which is used by you to access our services and ensure that is is not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.
  • Will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Mibaru
  • Unless otherwise agreed, we do not provide or support your internet connection. You accept that Mibaru Voip product might not be compatible with non-voice communications equipment such as alarms, fax machines, Foxtel and St John Alarms.
  • You may be able to port your Mibaru voip number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.
  • You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities
  • Hereby affirm we have the right to determine whether any of your content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice

Modifications

We reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. We may add or remove functionalities or features, and we may suspend or stop a service altogether. We may terminate user’s access to all or any part of the service at any time, with or without cause, effective upon notice (which may be via email) thereof to user. By accessing this website indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein.

Disclaimer and Limitation of Liability

While we take reasonable care and skill in providing this Site, in no event will Mibaru be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website, or of any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Mibaru is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
Copyright and Trademarks

“Mibaru Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Mibaru uses in connection with its products and services. You agree to comply with the Mibaru Trademark and Logo Usage Requirements and you may not remove or alter any Mibaru Trademarks, without Mibaru’s prior written consent. Except as expressly authorized by Mibaru, You agree not to reproduce, modify, rent, lease, license, loan, sell, distribute, mirror, download, host, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Mibaru discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership

All content included on the Site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Mibaru or its content suppliers and protected by Australia and international copyright laws. When you use the Mibaru website, you will be providing us with information, accounts, data, and other information and materials pertaining to your business (referred to here as your “User Data”). We acknowledge that your User Data belongs to you. When you submit any User Data to Mibaru, you represent that you have all necessary rights in and to that User Data and you hereby grant us a license to use your User Data, solely for the purpose of making the Mibaru website available to you and your Authorized Users. We have no obligation to monitor or police communications or data transmitted through Mibaru services and we will not be responsible for the content of any such communications or transmissions. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future. Therefore, by posting or distributing User Content to or through the Site, you (a) grant Mibaru and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content

Fees and Charges

If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to Mibaru storing your payment card information. Fees and any other charges for the use of our service are described on the site or you can contact us at support[at]mibaru.com for more details. The Charges shall be payable in Australian dollars. They may change from time to time. We will give you at least 30 days’ notice, if any changes are made. If there are any changes and your continued use our service after the changes, indicates your agreement with the new fees and charges after the effective date of any changes. Any changes to fees and other charges will not be applicable to the billing period in when the changes occurs. Mibaru may cancel or suspend your service if you violate the terms of your contract. If we do, your right to use the service will cease immediately. Cancellation; you may cancel your service with Mibaru anytime for any reason. You must notify us 30 days in advance prior to the next billing period or you will be charged in full for that period. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund. All deposits or advance payments are non-refundable. You remain committed to pay us for all Charges for Services for their full invoicing period, irrespective of whether: (a) this Agreement (or any Terms & Conditions) have been suspended or terminated during such invoicing period; or (b) such Services have been changed to cancel during such invoicing period.
You may cancel your service with us at any time within the first 30 days of signing up. If you do not notify Mibaru of your decision to cancel or upgrade, your account will automatically renew itself at the end of your contract period.

Termination; Cancellation

You may terminate this Agreement, for any or no reason, at any time, with notice to Mibaru. This notice will be effective upon Mibaru processing your notice to support[at]mibaru.com. However a terminated account may continue to exist and archived in the database indefinitely, for data integrity reason. Mibaru may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.