This document represents the general terms and conditions under which all Mindsystems business is transacted. These conditions apply to all your interactions with Mindsystems, unless specific contractural terms are agreed prior to engagement. These conditions are in addition to specific product warranty and conditions of sale, that may be applied on a per product basis. Such additional conditions are considered to be concurrent with these general terms, but will not rescind any aspect of this policy that represents a jurisdictional obligation at law for Mindsystems. This policy is effective from the last annual review date of 22nd June 2018. This policy is published by Mindsystems ABN 22 708 626 485.
1. Regulatory Compliance Statement
Mindsystems adheres to Australian national privacy principles, as set out in the current Privacy Act and Privacy Amendments (Private Sector), and to the relevant consumer laws applicable to technology products and services. Mindsystems uses a combination of strict internal policy, regular auditing and enterprise level technology to secure customer data. Mindsystems takes a proactive stance toward monitoring, eliminating and reporting fraud to the authorities. Our focus is to protect the privacy and security of legitimate users at all times. Mindsystems has implemented rigorous internal handling policies, and regularly collaborates with security experts to ensure maximum protection is maintained.
2. Lawful Product Usage
Products are delivered as described in our official product statements, and are considered fit only for the functions described therein. This includes the setup and use of software products in the specified operating conditions, and within the defined range of functionality. Products must always be used for lawful purposes, as defined by your local jurisdiction. In the event your local jurisdiction law contradicts Australian state or federal law to which Mindsystems is bound, we reserve the right to cancel your license to use our products and services. Licenses are considered immediately void without compensation if software or services are deliberately compromised, resold without consent, represented as your own, used in violation of copyright, altered, copied beyond license terms, reverse engineered, used for (or in support of) unlawful or malicious actions, or exploited in any way that would held at law to be abusive in nature.
3. Intellectual Property and Licensing
In the case of software and digital services, we define intellectual property as the code, concepts, unique branding, design and all other assets normally attributed to the author at law. The intellectual property of all products and services rendered by Mindsystems and its partners, remain the exclusive property of Mindsystems and its partners at all times. Software licensing grants non-exclusive usage of the product to the user for the time specified (either permanently or by subscription), on the number of devices specified and on the operating system / environment / conditions stated at the time of purchase. Permanent licenses do not grant access to future versions or entitle the user to upgrades when co-dependant third party software / services / licenses / operating systems reach end of life or are terminated (either for the third party or Mindsystems). Additionally, unexpected major changes to third party software / services / licenses / operating systems that impact the proper functioning of Mindsystems software will be mitigated at Mindsystems sole discretion, except where required by law. In order for the license to remain valid, the user makes an ongoing commitment to operating the software or service in a way that complies these conditions. Licenses may not be transferred, deferred or resold without explicit consent from Mindsystems. Additional conditions agreed to at the time of installation are considered to be concurrent with these requirements and in effect at all times.
4. RMA Procedure
Refund Requests or RMAs have a specific procedure. Please contact our support team
if you wish to request a product refund. Refund conditions apply to all online products (non-service based). Hardware and physical shipments are not always refundable and at a minimum must be returned with approval and a valid RMA number. Returns that do not follow the Mindsystems RMA process will not be accepted, as we cannot reasonably track fault with the product if an RMA is not submitted. In all cases, your first point of action in requesting a refund should be to contact our support team. Refund periods are typically 30 days or as required by law. The refund time frame is usually indicated on the product information page, however if you are in doubt about the exact policy please clarify this prior to purchase.
5. Refund Eligibility
If you purchase a software product you later discover is not required, in most cases a refund can be obtained within 30 days. Requests adhering to the below conditions are typically refunded within 48 hours. Some physical products which have additional manufacturer return requirements and purchasing conditions may not be eligible for a refund. If in doubt concerning a product, please check with us prior to making your purchase. Exempting faulty products or scenarios in which consumer law requires a refund, we reserve the right to deny refunds connected to fraudulent activity, or if you have made more than 6 refund requests in a 6 month period (otherwise known as product cycling), or if the transaction value is above $50,000 AUD and past 30 days. Software that has been activated using an issued license certificate and installed on more than 1 PC may not be eligible for a refund unless a LDD (License Destruction Declaration) and a Mindsystems RMA Authorisation Number is signed by the end user. Consultation or support related services are non-refundable. Subscription products are not refundable, unless explicitly agreed with Mindsystems or required by consumer law.
The following general refund conditions apply:
- A request must be submitted using the Mindsystems RMA system within 30 days from purchase (contact us for instructions).
- The person requesting the refund is the original purchaser.
- The amount can only be returned to the original source of the purchase, and in the currency used to process the transaction via the Mindsystems Gateway (i.e. back to the credit card used not another account). In the event your card was auto converted to AUD as described above, we will remit an equivalent amount based on the exchange rate on the day of transaction as listed at xe.com.
- Refunds are returned without compensation for changes in currency rates or additional fees at your bank.
- Once your request is lodged, a 'License Destruction Declaration' will be sent back to you to complete, this must be returned to us signed via fax or email scan.
- All copies of the software must be uninstalled and downloads/license keys deleted permanently.
- In the event your license is later shown to be reactivated and installed, we reserve the right to re-charge you.
6. Trial Software Conditions
7. Email Communications
Mindsystems mailing lists are opt-in lists generated from signup forms and Newsletter Updates on the Mindsystems web site. These lists are used to communicate information concerning the products and services we provide to the general public. Our lists are quality checked regularly and information is held in secure systems. Contact information cannot be shared outside Mindsystems, distributed or used for any purpose other than communicating directly relevant information to the customer. The customer identity and information are kept confidential at all times unless Mindsystems is forced by law to reveal such information. This is in accordance with Mindsystems strict internal handling processes and the Privacy Act 1988 (Commonwealth of Australia) and the Privacy Amendment (Private Sector) Act 2000. At any time a user can auto-remove themselves using the unsubscribe link in the email or request Mindsystems to manually do this for them by emailing firstname.lastname@example.org and asking to have their email removed. Ultimately Mindsystems cannot prevent mailbox fraud outside our systems. If you suspect you have been falsely subscribed to a service, or have detected email fraud of some kind, you should contact Mindsystems and request a full audit be performed.
8. Account Security
If your account is represented as a non-company individual account, you agree not to share login details with others, or to provide multiple access to individuals from multiple locations. You agree that if the account is for company purposes, that the billing login details will be securely held by no more than 3 authorised company representatives, and that the password will be complex (15+ mixed symbol, uppercase, lowercase and digits) and frequently rotated (30 day cycle recommended). You agree that the management and protection of your personal login details are your sole responsibility. You agree that you will only use session limited login services and software subscriptions up to the specified concurrent user limit. You agree not to share login details for paid services outside your company or group, or if individual, that they will remain private to you alone. You agree that Mindsystems may suspend your account without notice if fraud or account abuse is detected. You agree to hold harmless and indemnify Mindsystems, employees, shareholders, directors, beneficiaries, vendors, associates and partners against any and all claims and actions arising from the compromise of your account security.
Pricing on the Mindsystems website is dynamic and subject to change at any time. Pricing will be displayed and charged in Australian or United States Dollars. As Mindsystems provides both internally produced software and services, along-side distributed products from other vendors, pricing is subject to influences from currency fluctuations or vendor policy change. Mindsystems generally absorbs small currency related fluctuations so as to provide a stable pricing regime, however this should always be checked prior to purchase. You agree that pricing derived from public web pages, pricing wizards and other web tools should only be used as a basic indication of product prices, and should not be relied upon in the long term. Pricing calculated on the Mindsystems website does not represent a formal quote. Screen shots, page dumps, printed pages or other pricing records are not endorsed for use in competitive pricing queries, and will not be validated to other providers as such. Formal quotes hold pricing at an agreed rate for an agreed period of time, whereas website information is dynamic and subject to change. Website pricing is intended to be used for price scoping or immediate ordering only. To lock pricing in for a period of time, you agree that you must contact sales for a formal quote bearing a valid Quote ID number. You agree that quotes only extend for a limited specified time. You agree that Mindsystems may withdraw a quote at any time in the event of significant vendor price changes above 2% variation, currency fluctuations above 2% variation, product withdrawal, product bans / recalls, government or law enforcement regulation, business model alternations, vendor insolvency or supply chain compromise. You agree that you are liable for any additional taxes, currency conversion costs or bank fees that may be imposed on you by your financial institution.
10. Credit Terms and Purchase Orders
Purchase Orders are not automatically accepted for new accounts. Purchase orders can only be processed after authorisation by a Mindsystems Sales Manager. A purchase order is effectively a request for an extension of credit, and as such Mindsystems needs to establish a payment history prior to granting credit terms. If you request a credit account, we may engage the services of credit reporting agencies to assess the request. You agree that if a credit assessment is required, credit checks may be performed on you as an individual or upon your company, and this will involve the disclosure of sensitive information to the credit agency. If credit terms are agreed, they will have a fixed cumulative limit and payment terms, beyond which new orders cannot be processed. You agree that the default payment terms are 21 days unless otherwise specified in your agreement. Overdue accounts that extend more than 30 days beyond the agreed payment timeframes may result license or service deactivation, and referral to a debt collection agent. You agree that any purchasing conditions you place on your purchase orders, such as different payment cycles or delivery requirements, are automatically voided in favour of the Mindsystems Terms and Conditions, unless specifically agreed to (on a per purchase and per condition basis) by a Mindsystems Sales Manager.
11. Payment Systems
Mindsystems uses a variety of payment platforms to facilitate payment choice. These include, but are not limited to: Visa, MasterCard, Amex (AUD only), PayPal, ApplePay, AndroidPay and Bank Transfer. You may elect to use credit card payment in a once off capacity, or save your card details in a encrypted tokenised format with our gateway providers. In both cases you agree that data must be securely shared with these providers. You agree that if you store card details with Mindsystems, these will be used as a default payment method and charged automatically when recurring subscription fees become due. To protect your online security, Mindsystems does not store your card data on our servers. Instead it is encrypted using direct client to gateway communication, which is then verified and stored with our PCI compliant gateway partner Eway. This ensures your card details are protected with bank level security and enterprise grade encryption. When ordering through the Mindsystems website or via phone with a Mindsystems agent, you will be engaging with one of these upstream payment providers. You agree that as a requirement of this process Mindsystems is authorised to securely transmit your data to and from these providers in order to authorise your payment. You agree that Mindsystems is not responsible for the security of upstream providers, financial institutions or any devices you may be using to complete the transaction. You acknowledge that upstream providers may store your data historically for compliance or policy reasons, and that Mindsystems has no control over this process. You agree to hold harmless and indemnify Mindsystems, employees, shareholders, directors, beneficiaries, vendors, associates and partners against any and all claims and actions arising from usage of these payment systems, fraud attempts, credit abuse, technology malfunction or system misconfiguration.
12. Third Party and Vendor Technology Providers
Mindsystems engages with a variety of technology partners in order to deliver the services we provide. Mindsystems websites, payment systems, software products and services are the culmination of a wide range of external vendor technology, services and professional advice we receive. For example, a Mindsystems software product may be built using in-house Mindsystems expertise, however it may be reliant on a particular programming language or technology that is warranted to us as fit for purpose. This is particularly the case with cloud based apps and services we provide. It is our responsibility to take all reasonable care in assessing and understanding the technology, so that the most robust and secure solutions can be offered to our end users. However, in the event that underlying technology, services or professional advice do not perform as expected this may impact you as an end user. You agree to hold harmless and indemnify Mindsystems, employees, shareholders, directors, beneficiaries, vendors, associates and partners against any and all claims and actions arising from third party technology malfunction, system misconfiguration, outages, code flaws, security breaches, technology withdrawal, incorrect advice or any other loss or consequence as defined in the final section of these terms and conditions.
13. Data Communications
We will share your information with third parties only when compelled by law or in relation to the resale of products which require it (i.e. you purchase a software license that needs to be registered to confirm your ownership). We do not sell your personal information to third parties. Mindsystems collects your personal information for the purposes of purchase verification and ongoing support only. It is Mindsystems policy that we will only access your information when in direct relation to a purchase, request for information (including ongoing subscription to information updates) or re-issue of license keys. Payment information, such as credit card numbers, is only held temporarily in our secure systems while your purchase is being verified. Once payment has been received the information is permanently and securely deleted from our records. Secondary information such as your name, address and license key information is securely held in our systems for the purpose of providing ongoing support. In doing so we are able to identify you and re-issue your purchased license keys should you loose them. We may also periodically record account notes detailing information concerning ongoing support requests or to record a history of telephone/email discussions. Again, this information is securely held and is purely for the purpose of maintaining ongoing customer support. If you ask to be updated, we will also use your contact information to inform you of new product releases or updates. When trying software you will be emailed to remind you of your trial expiration date and to advise you of relevant support and purchase options. All our subscription based emails contain self remove links, however there are some emails sent which are non-subscription and considered one time messages such as: invoices, download links and license key activation emails. If at any time a message is sent which is not technically required to contain a unsubscribe link, but that you do not wish to receive more of, you can request we prevent further emails of any kind being sent to you by contacting us. Apart from this basic information, no other personal details are retained. You agree to hold harmless and indemnify Mindsystems, employees, shareholders, directors, beneficiaries, vendors, associates and partners against any and all claims and actions arising from data communication failures or any other loss or consequence as defined in the final section of these terms and conditions.
14. Updating Data
If your personally identifiable information changes, or if you no longer wish to use our services or software, you may correct, update, amend, delete/remove or deactivate it by making the change on our member information page or by emailing our Customer Support Team at email@example.com
, or by contacting us by telephone, or postal mail using the contact information listed below.
15. Shared Data
If you consent to a request to post your testimonials/comments/reviews on our web site, this can sometimes contain personally identifiable information such as your name or country location. Generally this information is vague and only for the purposes of commentary, however if you link into our websites using services such as Facebook or Twitter, you are making an active choice to defer privacy management to these services. If we post testimonials manually, we do always obtain your consent via email prior to posting the testimonial, or through self consent when you post a message using your login. Self posted data is entirely at the discretion of the author, and while every attempt will be made to remove offensive material quickly, the final responsibility falls to the author. Upon detection of offensive or misleading material, as guided by Australian state and federal law, we reserve the right to immediately remove the content without warning. Information may be independently and confidentially verified with a relevant credit checking authority if you purchase a product or service that involves Mindsystems providing you with an ongoing line of credit, or finance facility of any type. In most cases, and for all current software purchases via this site, this will not apply as the product is paid in full prior to delivery. We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorised to use your personal information only as necessary to provide these services to us. In cases of fraudulent activity, such as the fraudulent use of another persons identity or credit card information, we may be required to report this to a relevant Australian legal authority, such as the Police. We may also disclose information about you if officially ordered by a valid Australian legal authority such as members of the Australian judicial system as required by law. We will retain your information for as long as is needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You agree to hold harmless and indemnify Mindsystems, employees, shareholders, directors, beneficiaries, vendors, associates and partners against any and all claims and actions arising from shared data exposure or any other loss or consequence as defined in the final section of these terms and conditions.
You assert your understanding of these terms and conditions, and your agreement to comply with all clauses. You agree that if you are engaging Mindsystems on behalf of another person, group, company or other non-person entity, that you have full and explicit rights to make this agreement with Mindsystems, and that you have full and explicit rights to agree to these conditions on behalf of the entity and all who are represented under it. You agree that you, and all members of any entity you represent in this agreement will adhere too, and comply with these conditions during all interactions with Mindsystems, Mindsystems partners, Mindsystems vendors and our authorised representatives. You agree that all products and services are provided for use in compliance with these conditions, and any subsequent conditions supplied with the product. You agree to hold harmless and indemnify Mindsystems, employees, shareholders, directors, beneficiaries, vendors, associates and partners against any and all claims and actions arising from usage of the products or services supplied by Mindsystems. This includes, but is not limited to: hardware damage, software damage, property damage, physical damage, loss of business, loss of reputation, loss of wages, loss of property, loss of opportunity, distress, emotional or psychological impact, loss of time or resources, loss of general revenue, fines, legal action, trademark or patent compromise or other unspecified financially attributable loss to the extent permissible by Victorian state and Australian federal law.
Policy published by Mindsystems ABN 22 708 626 485
PO Box 829, Mt Eliza, Victoria, 3930, Australia · Tel +61 3 9999 1300 · Fax +61 3 9999 1301.
Need clarification on this policy? Please contact us