Conditions of Use Agreement
Mumba Cloud is owned by Mumba Pty Ltd a company registered in Sydney, Australia ("us", "we", "Mumba", "Mumba Cloud" , "Mumba Corp"). The following Agreement contains the terms by which you are eligible to use our services. This document is relevant to all site visitors, guests, subscribers, customers, clients and any other person who accesses our sites ("Users"). If you access Mumba Cloud or any Mumba website or software application via an internet browser, desktop application, phone, tablet or any other device, then you consent to being immediately bound by this Conditions of Use Agreement. You thereby signify that you have read and understand this Agreement by your actions to remain on the site.
Mumba may amend any of its policies from time to time in order to stay relevant with changing laws and to protect our employees, Users and Customers rights. Any changes to this Agreement (or any other Mumba Agreement) and will be posted on our website with the date of modification. If you continue to use our services then this signifies that you agree with our updated policies and are then in turn bound by them.
Overview of Mumba Cloud
Welcome to Mumba Cloud and thank you for your interest in our business. Mumba Cloud is a social business software platform designed to enhance communication between closed communities of Users employed by or belonging to companies, government, schools, associations, clubs and other such closed or private organizations ( "Private Community" ,"Community").
Mumba Cloud is not open to the public and each Private Community is started when a User creates an account with their official email address domain that represents the business, government department, school, association or club to which they belong. Any subsequent User with that same email domain can then join the established Private Community.
The Mumba Cloud platform incorporates a number of social business applications that enable Users to interact by creating profiles, posting status updates, writing blogs, sending private messages, joining groups, creating discussions, announcements, events, writing comments, uploading photos and videos, creating workspaces, chatting online and more ("Service" , "Mumba Cloud Service" , "Mumba Service").
Permission to use Mumba Cloud
Subject to the terms and conditions of this Agreement, Mumba grants you a limited and non-exclusive license to access and make personal use of our Service. This license does not include any resale of this Service or its contents. Mumba Cloud or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mumba Corp. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layouts, or forms) of the Service and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Mumba's ’s name or trademarks without the express written consent of Mumba. Any unauthorised use terminates the permission or license granted by Mumba. The Services is not available to children under 18 unless they are under the supervision of a parent or guardian. Mumba always reserves the right to terminate this license at any time with or without reason.
If you would like to access and/or utilise our Service then you are required to create a personal account. All information contained in your account must be accurate and complete. You are responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer, tablet, mobile phone or any other device that you have used to access the Service. You agree to accept responsibility for all activities that occur under your account.
Accessing other User accounts without the correct permission is strictly prohibited. Any account that has been accessed without authorisation, or breached or is suspected of being breached must be reported to Mumba as soon as practicably possible. Mumba will endeavour to correct any breaches in a timely fashion however we may not be held liable for any losses or damage caused by unauthorized access regardless of the circumstances. Mumba may hold Users liable for damages if a breach has caused widespread damage to our Service and/or infrastructure and the breach was found to be due to User negligence.
All communication between Mumba and our Users is via the email address provided upon registration and stored in the Users account settings. Users may receive a range of notification emails generated from their interaction with the Service. These notifications can be modified in the Users account settings. Mumba may also send the User emails regarding changes to the site, updates on legal requirements, promotional offers, general information and other notices. These notices may be opted out from within the specific email however the User must be aware that they may then forego receiving important update information in the future.
Account Suspension or Termination
Mumba reserves the right with sole discretion to refuse access, temporarily or permanently suspend and/or terminate a Users account. As a User you are prohibited from performing the following actions, upon which your account may be suspended and/or terminated: a) attempts to infiltrate and/or compromise the sites security and/or the security of a users account and/or database including but not limited to attempts to bypass the sites security and/or registration process; b) executing an application, software or a technique to place undue load on our server and database infrastructure and software for any purpose without the prior written consent of Mumba; c) upload viruses, worms, malware and any other software, files or code that contain malicious or harmful content that could threaten the integrity of our hardware and/or software infrastructure and/or database content; d) attempt to intercept User data and passwords; e) impersonates the identity of another User; f) having involvement in fraud and misrepresentation of ideas and information; g) attempting to protect or hide your true identity; h) takes any action to interfere and/or disrupt the normal workings of the Service g) is found to be abusive to other Users.
You are prohibited from downloading (other than page caching) or modify any Mumba site or Service, or any portion of it unless it is a reasonable requirement so that our Service can be used for its intended purpose. You may not utilising any type of software (such as "Web Crawlers", "Spiders", or "Robots") that could perform automated and/or harvesting type of actions such as collecting User information. Furthermore you agree to not utilise the Service or any User data for commercial solicitation purposes.
Mumba requests from its Users that any knowledge of a breach be reported as soon as practicably possible. Any User that is suspended or terminated will continue to be bound by this Agreement to the extent permissible by law.
Content Generated by Users
Mumba Cloud allows for Users to post content on the Service in various forms such as status updates, blog posts, comments, feedback, discussions, announcements, events, questions, photos, videos, documents, images and many other forms of content and data ("User Content"). Mumba Cloud does not take responsibility for any User Content on the Service and each User is solely responsible for the User Content that they publish, upload, link-to, link-from and display in a public or private area of the Service.
As a User you may submit content on the Service so long as you agree that the User Content is not illegal, obscene, threatening, defamatory, humiliating, abusive, objectionable, racially or ethnically threatening, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
You recognize that during the use of the Service you may be exposed to potentially harmful or disturbing User Content. You therefore agree that Mumba shall bear no responsibility or liability for any alleged loss, damage, offense, corruption, abuse or mistreatment suffered by being exposed to the User Content. You agree that Mumba is acting purely as a passive channel for publication and consumption of the User Content.
If User Content is found to be abusive or in breach of this Agreement then your remedies are to deal directly with the User in question ("Abusive User") and/or report the abuse or breach to your Administrator (see below) and report the abuse or breach to Mumba via the support links found in the Service navigation menu.
Mumba reserves the right (but not the obligation) to remove or suspend the Abusive User and/or edit the User Content in question. A User must poses substantive documentary evidence of abuse prior to a report being lodged without which the User may be included in any investigations.
User Content Privacy & Security
Rights to User Content
As already specified, the Mumba Cloud Service is offered to Users who possess a valid email domain representing a registered business, club or association. When a new Private Community is created there is no charge for access to the Service ("Free Access Period") and as such, the User Content is owned by the specific User who has submitted the information. When a User opts to pay for the Service then he or she claims ownership of the Private Community ("Claimed Community") on behalf of the company, club or association to which the Private Community is associated ("Customer"). At the time of the Claimed Community event, all rights to the User Content transfer to the Customer and no longer belongs to the individual Users. Furthermore all User Content that was generated prior to the Claimed Community event automatically becomes the property of the Customer. You agree and consent that your rights and ownership over the User Content automatically transfers to the Customer when the Claimed Community event takes place and this may occur without notice or warning.
Mumba may periodically request for Users to re-confirm their account or we may investigate dormant accounts via email and/or online responses. If an account is found to be invalid or dormant during the Free Access Period or the Claimed Community period then Mumba may remove the account from the Private Community. In this case the User Content will remain on the Private Community and ownership of the content will pass to the Customer if and when a Claimed Community event takes place.
User Content from Users who are terminated due to breaching this Agreement or simply close their accounts will remain on the Service and rights will transfer to the Customer if and when a Claimed Community event takes place. Users always have the right to delete their User Content while their account is still active.
Mumba never owns or makes claim of ownership to any User Content submitted during any situation including but not limited to the Free Access Period, Claimed Community period, if a User account is terminated or disabled or if the Private Community is closed down.
A Private Community may operate without an administrator however when a User claims a community (as described above) that User will have access to the administration of the Service. The Community Administrator may appoint or remove additional Users to become administrators. Administrators may change the acceptable usage guidelines and policies for their Private Community and they may also moderate and delete any User Content within their Private Community.
For the purpose of clarification, the Mumba Cloud Service includes a functionality whereby Users can form into groups for the purpose of isolating and streamlining communication around specific topics. The creator of the group becomes what's known as the "Group Administrator" and can invite other Users to join the group, create group announcements, set the group to private (Users need to be invited and/or authorised to join the group) and perform other administration roles specific to the groups functionality. It is important to note that Group Administrators are not considered Community Administrators and access to groups, group creation, group content etc can be moderated and superseded by Community Administrators. Furthermore all User Content within private groups still remains the property of the User in the Free Access Period or remains the property of the Customer in the Claimed Community period.
Access to Functionality
The Service includes a standard range of software applications and functionalities that are available at no charge to the Users of Private Communities ("Standard Functionality"). Additional applications and functionalities are available and can be purchased and installed into Claimed Communities ("Mumba Cloud Apps"). Claimed Communities and each Mumba Cloud App will incur a subscription fee and/or one time installation fee respectively. Please see our Billing Policy for further information on terms and conditions for billing. Mumba reserves the right and sole discretion to modify, upgrade, enhance and/or remove Standard Functionality and Mumba Cloud Apps from the Service from time to time.
Mumba's Rights to Intellectual Property
All content included on this site and the Service, except for User Content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, application code or written documentation is the property of Mumba and/or has been licensed from its software suppliers and is protected by either the license agreement governing the particular script of code, module, extension, application, image, graphic, text, logo, audio clip etc or it is protected by Australian and international copyright, licensing and distribution laws.
Mumba is constantly developing and improving our Service offering. You may desire to submit a suggestion or idea about a feature or new application. If you decide to submit your suggestion or idea then you agree that your submission is made at no charge or obligation to Mumba and it is provided without any requirement for compensation including but not limited to monetary compensation, verbal or written compensation. You agree to release all claims you may have over the idea to Mumba and you agree that the idea may be used, discussed and/or distributed within our business or to any third parties without any limitation or confidentiality restrictions. You also acknowledge that Mumba, a Mumba employee or another source may already be aware of the idea, and/or may have already considered, offered or developed a similar idea prior to your submissions. Mumba reserves all our rights regarding the idea or a similar or related idea.
You shall defend, indemnify and hold Mumba, its affiliates and licensors, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities, obligations and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the User Content infringes the rights of, or has caused harm to, a third party; (ii) your use of and access to the Service, including any data or User Content transmitted or received by you iii) a claim, which if true, would constitute a violation by you of this Agreement and/or your representations and warranties made herein; or (iii) your violation of any law of Australia, the United States, United Kingdom or any other country; (iv) any claim or damages that may arise as a result of your User Content; or (v) any other party’s access and use of the Service with your unique username and password; or (vi) a claim arising from the breach by you or other User's that are party to this Agreement, provided in any such case that Mumba (a) gives prompt written notice of the claim to you; (b) provides you with all available information and assistance that would be deemed reasonable and legal to release.
Disclaimer of Warranties
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUMBA AND ITS SUBSIDIARIES AND LICENSORS MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RELAIBILITY, SUITABILITY, AVAILABILITY AND ACCURACY OR COMPLETENESS OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, DATA OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MUMBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MUMBA DOES NOT WARRANT THAT ANY CONTENT IS RELIABLE OR CORRECT NOR DOES IT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. MUMBA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MUMBA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL'S ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUMBA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
MUMBA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
Limitation of Liability
IN NO EVENT SHALL MUMBA, ITS AFFILIATES AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, GOODWILL, TANGIBLE AND INTANGIBLE LOSSES OR OTHER ECONOMIC LOSSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE. IN NO EVENT SHALL MUMBA, ITS AFFILIATES OR LICENSORS BE LIABLE TO ANYONE FOR THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OR DATA (SUCH AS VIRUSES, TROJANS, BUGS, ILLEGAL, ABUSIVE, DEFAMATORY OR OFFENSIVE CONTENT ) OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF MUMBA, IT'S AFFILIATES OR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MUMBA'S AGGREGATE LIABILITY EVER EXCEED THE AMOUNTS ACTUALLY PAID BY THE CUSTOMER IN A MAXIMUM OF SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Please review all our policies posted on the site and Service as they all govern your visit and usage. We reserve the right to make changes to our site, Service, policies, and this Conditions of Use Agreement at any time. Any singular words are intended to be read in plural and vice versa.
Jurisdiction: This Agreement is governed by and construed under the law in the State of New South Wales, Australia. Any legal action in relation to this Agreement against any party or its property may be brought in any court of competent jurisdiction in the State of New South Wales.
Assignment: This Agreement and any rights and/or licenses granted may not be assigned or transferred by you without the prior written approval of Mumba. Mumba may however assign this Agreement without your consent to (i) a parent, subsidiary or affiliated company, (ii) an acquirer of assets, or (iii) a successor by merger.
Pre-contractual negotiations: This Agreement, together with any other legal notices, policies or agreements published on the Service expresses and incorporates the entire agreement between the parties in relation to its subject matter, and all the terms of that agreement; and supersedes and excludes any prior or collateral negotiation, understanding, communication or agreement by or between the parties in relation to that subject matter or any term of that agreement.
Severability: Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
Waivers: Any failure by a User, Customer or Mumba to exercise any right under this Agreement does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.
Interpretation: In this Agreement unless the context otherwise requires: i) clause and subclause headings are for reference purposes only; ii) the singular includes the plural and vice versa; iii) words denoting any gender include all genders; iv) reference to a person includes any other entity recognised by law and vice versa; v) the use of the word 'includes' or 'including' is not to be taken as limiting the meaning of the words preceding it; vi) the expression at any time includes reference to past, present and future time and the performance of any action from time to time; vii) an agreement, representation or warranty on the part of two or more persons binds them and is for the benefit of them jointly and severally;
Document last updated 13 April 2013