Terms of Service

ACCEPTANCE OF TERMS

Muulla is a registered trademark of Onit Media Pty Ltd (ACN 149 162 087).

These term and conditions are the agreement between you, "Merchant" ("Client", "you", "your" or the "Customer”) and Onit Media Pty Ltd (“ONIT” or "we" or “our” or “us”).

In order for you to use our Service, you must agree to these Terms and Conditions. We reserve the right to update these terms and conditions from time to time without notice to you.

DEFINITIONS

"Muulla" is an innovative marketing platform that allows Retailers to advertise, promote and communicate to consumers in real time via mobile smartphone. See the product website for full details: www.muulla.com

"Registration" is the process of creating a Muulla Merchant Account.

"Registration Data" is the information that is collected during the process of “Registration” e.g. business registered name, website, store name, location co-ordinates, contact name, phone number etc.

"Merchant Account" is a secure online portal that enables Merchants to manage Muulla adverts, vouchers, product and other business information.

"Sites" means any venue, store, property or location that is owned or operated by the Merchant or by one of Merchant's subsidiary companies.

"Service" is the act of creating in-store promotions and other offers on the Muulla application platform via a Merchant Account.

"Post" refers to the placement of an advert on Muulla.

"Content" is Posts and any other data, images and other material associated with a Post.

"Refresh" refers to the repost of an existing promotion currently live.

"Push Notification" is an instant message sent to mobile devices with Muulla installed and "opted-in" to Push Notifications. Push Notifications are triggered by the adding of a combination of Retailer, Store Location and/or Category to a user’s favourite list.

MERCHANT REGISTRATION OBLIGATIONS

You represent that you are of legal age to form a binding contract.

You also agree to:

(a) Provide true and accurate information about yourself in the Registration process.

(b) Maintain and promptly update the Registration Data to keep it true and accurate. If you provide any information that is untrue or inaccurate or ONIT has reasonable grounds to suspect that such information is untrue or inaccurate, ONIT has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

MERCHANT ACCOUNT AND SECURITY

In order to use the Service you must register. This allows your Site(s) to be properly located, phone numbers to be made available and ONIT to confirm you details provided as registration are correct.

We reserve the right to decline a new Registration or to cancel an existing Registration at any time.

During the Registration process you will choose a username and password. You must keep the password confidential and immediately notify ONIT if any third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security.

You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using the Service. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

ONIT cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

MERCHANT CONDUCT

You agree to not use the Service to:

  • Make available any content to direct users to websites or online resources as opposed to physical retail locations. Muulla is designed for the communication of in-store promotions, and not for the provision of advertising websites.

  • Make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

  • Harm minors in any way.

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

  • Make available content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

  • Intentionally or unintentionally violate any applicable local, state, national or international law.

  • To cause annoyance, inconvenience or anxiety.

  • For a purpose other than which we have designed them or intended them to be used.

  • For any fraudulent purpose.

Furthermore, you may not (or permit anyone else to do) any of the following:

  • Resale of the Service (without written permission from ONIT).
  • Providing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers.

  • Attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks.

  • Accessing the Service in such a way as to, or commit any act that would or does, impose an unreasonable or large load on ONIT infrastructure.

  • Executing any form of network monitoring which will intercept data not intended for you.

ONIT may reject, refuse to post or delete any Posts for any or no reason, including, without limitation, content that in the sole judgment of ONIT violates these Terms, including our Privacy Policy.

You acknowledge, consent and agree that ONIT may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access is reasonably necessary to:

  • Comply with legal process.

  • Enforce the Terms and Conditions.

  • Respond to claims that any Content violates the rights of third parties.

  • Respond to your requests for customer service.

  • Protect the rights, property or personal safety of Service users and the public.

MERCHANT RESPONSIBILITIES

It is the Merchants responsibility to ensure correct Post details like expiry dates and details of promotions.

As a Merchant, you may have your own applicable terms and conditions, in relation to your supply of goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours. If you wish to make public these terms and conditions provision is made for you to do so within your Merchant Account and will appear on Muulla associated with each Post.

The Merchant agrees to display the appropriate white labelled Muulla decals in a prominent position at the Merchant premises.

DATA PROVIDED TO ONIT

ONIT rely on the data supplied during registration and Post placing process for use in the Service. No responsibility is taken for information provided that is incorrect or inaccurate including geo-location data.

TERMINATION

If you use (or anyone other than you with your permission uses) the Service in contravention of these Terms and Conditions, we may suspend your use of the Service.

You agree that ONIT may, under certain circumstances and without prior notice, immediately terminate your Merchant account and access to the Service.

Cause for such termination shall include, but not be limited to breaches or violations of the Terms and Conditions, requests by law enforcement or other government agencies, a request by you, non-payment of any fees owed by you in connection with the Services.

You agree that all terminations for cause shall be made in ONIT's sole discretion and that ONIT shall not be liable to you or any third party for any termination of your account.

INDEMNITY

You shall indemnify us against each loss, liability or cost incurred by us arising out of any claims or legal proceedings, which are brought or threatened against us by any person arising from:

  • Your use of the Service.

  • The use or attempted use of a Post.

  • The use of the Service via your password.

  • Any breach of this Agreement by you.

We assume no responsibility for monitoring the Site for inappropriate Content or conduct.  If at any time ONIT chooses, in its sole discretion, to monitor the Service, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for your use of the Service and the Content that you post on or through the Service.

WARRANTIES

You expressly understand and agree that:

  • Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. ONIT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

  • ONIT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the software will be corrected.

  • ONIT is not responsible for and makes no warranties, express or implied, as to any content on the Service, including, without limitation with respect to the accuracy and reliability of the Content whether caused by us, by Merchants, by any of the equipment or programming associated with or utilised by the Service, or otherwise.

  • The Content does not necessarily reflect the opinions or policies of ONIT.  ONIT is not responsible for the conduct, whether online or offline, of any Merchant of the Service including, without limitation, any Content posted by any Merchant.

  • ONIT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any communication.  

LIMITATION OF LIABILITY

Subject to applicable law, you expressly understand and agree that ONIT and its holding companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

REFUND POLICY

We do not normally give refunds if you simply change your mind or make a wrong decision.

PRIVACY

Please see our Privacy Policy, which is incorporated into and forms part of this agreement.

PRICING POLICY

All transactions are processed in AUD$ currency (Australian dollars).

Muulla posts have no expiry date, are not transferable, cannot be exchanged and are not refundable.

Unless otherwise agreed or used together with a promotion voucher/coupon, pricing can be found on our website: www.muulla.com

PAYMENT SETTLEMENT

The Merchant agrees to pay ONIT the total amount each month for use of the Service.

The amount charged per month will depend on what services are used. Services and amounts will be agreed in writing before commencement of the service.

The Merchant hereby authorizes CSB to debit the provided Merchant credit card for the total amount as determined by the Merchant during the process of their Muulla Billing Plan set-up or edit.

Payment for use of the Service is for a period of one month and will be debited to the nominated Merchant credit card on the first day of this billing period i.e. in advance of the Service use.

CANCELLING SERVICE

Cancelling of the Service constitutes an instruction from the Merchant to stop recurring monthly billing for use of the Service.

The Merchant may choose to cancel the Service at any time.

Upon cancelling the Service, all active Posts and configured Posts for future activation will be cancelled.

CSB will not issue any full nor pro-rata refunds where the Merchant cancels the Service on a day that is not the last day of the billing period.

On cancelling of the service, the Merchant will continue to have access to their account for a period. However, the Merchant will not be able to make any Posts until the billing status on their account has been updated and recurring credit card payment re-activated.

SECURITY

When making payment to ONIT, the Merchant’s financial details are passed through a secure server using 128-bit SSL (secure sockets layer) encryption technology.

ONIT have an agreement with BrainTree payment solution providers to process all credit card payments. Please see BrainTree’s website for their company and solution details: https://www.braintreepayments.com/

merchants should contact onit customer support for any security policy queries accounts@muulla.com

NOT AN AGENT

ONIT does not act as an agent for Merchants on the Service.

The Merchant, not ONIT, is the supplier of any product or offering contained in a Post. The Merchant is solely responsible for the products and offers contained in a Post.

The Merchant is responsible for ensuring all redemption of product made available or advertised using the Service, is done so in a lawful manner.

For the purposes of illustration where a Post includes the sale and/or supply of alcohol or tobacco, that sale and/or supply is made by the Merchant and not by ONIT and the Merchant is responsible for complying with all applicable laws relating to that sale/supply.

INTELLECTUAL PROPERTY RIGHTS

It is not permitted to (and not for any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the data or software of the Service. You agree not to modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ONIT for use in accessing the Service.

All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in (a) the Website and Service, (b) (subject to clause 14.4) information content on the Website or accessed as part of the Service, (c) any database operated by us and (d) all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by ONIT or licensed to ONIT. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

None of the material listed above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the Service without the express written permission of ONIT.

All rights (including goodwill and, where relevant, trademarks) in the Muulla name are owned by ONIT or licensed to ONIT. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties.

CONTENT SUBMITTED

Content you submit or make available for the Service (including Posts), you grant the license for ONIT to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of promoting ONIT and Muulla.

CUSTOMER SERVICE

ONIT is committed to providing the highest level of customer service. If you have any questions about the Service, please email: accounts@muulla.com

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