MOVA Australia Terms of Use & Conditions | Smart Appliance Use – Mova Tech Australia

MOVA Website Terms of Use

Legal Information and Notices

MOVA is a brand under SPACEWALKER TECHNOLOGY HONG KONG CO., LIMITED ("MOVA," "we," "our," or "us"). We operate the website au.mova.tech ("Website") and any related products or services that reference or link to these Terms of Use (collectively, the "Services"). Products purchased through our authorised channels are covered by our warranty and repair policy.


Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity) and MOVA regarding your access to and use of the Services. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our Services.

Supplementary terms and conditions or additional documents may be published on the Website from time to time, which are incorporated into these Terms by reference. We reserve the right, at our sole discretion, to update or amend these Terms at any time. Updates will be indicated by revising the "Last Updated" date. You waive any right to receive specific notice of such changes. You are responsible for reviewing these Terms periodically to remain informed. Your continued use of the Services after changes are posted will constitute acceptance of the revised Terms. The Services are intended for users aged 18 and over. Persons under 18 are not permitted to use or register for the Services.

Intellectual Property Rights

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, the "Content"), including but not limited to the design, structure, coordination, expression, and arrangement of such Content, is owned, controlled, or licensed by MOVA, and is protected by copyright, trade dress, trademark, patent, and unfair competition laws.

Except as expressly permitted in these Terms, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") for any commercial purpose without our prior written consent.

You may download information that MOVA intentionally makes available (such as data sheets, FAQs, or knowledge base articles), provided that:

  • You do not remove any proprietary notices.
  • You use the information solely for personal, non-commercial purposes.
  • You do not copy or post the information on any networked computer or broadcast it in any media.

Your Use of the Website

You agree not to use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the site or any content. You may also not reproduce or circumvent the navigational structure or presentation of the site or any content, or attempt to obtain any materials, documents, or information through any means not purposely made available through the site. MOVA reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the site, or any other systems or networks connected to the site or to any MOVA server, or to any of the services offered on or through the site, by hacking, password "mining," or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the site, or any other MOVA customer, including any MOVA account not owned by you. You may not exploit the site or any service or information made available or offered by or through the site in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the site.

You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or MOVA’s systems or networks, or any systems or networks connected to the site or MOVA.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person's use of the site.

You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to MOVA on or through the site or any service offered on or through the site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of MOVA or others.

Accounts, Passwords, and Security

Certain features or services offered on or through the site may require you to open an account. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of your failure to keep that information secure and confidential.

You agree to immediately notify MOVA of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by MOVA or any other user or visitor to the site due to someone else using your MOVA account as a result of your failure to keep your account information secure and confidential.

You may not use anyone else's account at any time without the express permission and consent of the holder of that MOVA account. MOVA will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge that internet transmissions are never completely private or secure, and that information you send to the Website may be intercepted or read by others, even if encrypted.

Links to Third-Party Websites

The Website may contain links to independent third-party websites ("Linked Sites"). These are provided solely for convenience. MOVA does not control or endorse the content of Linked Sites and is not responsible for their content. Your use of Linked Sites is at your own risk.

Disclaimers

MOVA does not guarantee that the Website, Services, or Content will be error-free or uninterrupted, or that defects will be corrected. The Website and its Content are provided "as is" and "as available".

MOVA disclaims all warranties, express or implied, including accuracy, non-infringement, merchantability, and fitness for a particular purpose. You assume sole responsibility for your use of the Website. If you are dissatisfied, your sole remedy is to discontinue use.

This disclaimer applies to any damages caused by system failure, errors, interruptions, viruses, unauthorised access, or other events.

Limitation of Liability

To the fullest extent permitted by law, MOVA shall not be liable for any indirect, consequential, incidental, punitive, or exemplary damages, including loss of profits, even if MOVA has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold harmless MOVA, its officers, directors, employees, agents, affiliates, and successors against any claims, losses, liabilities, or expenses (including legal fees) arising from your use of the Website or breach of these Terms.

Violations of These Terms

Disclosure of Information

MOVA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with MOVA’s rights or property, or the rights or property of visitors to or users of the site, including MOVA’s customers.

MOVA reserves the right at all times to disclose any information that MOVA deems necessary to comply with any applicable law, regulation, legal process, or governmental request. MOVA may also disclose your information when MOVA determines that applicable law requires or permits such disclosure, including for exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that MOVA may preserve any transmittal or communication by you with MOVA through the site or any service offered on or through the site. MOVA may also disclose such data if required to do so by law, or if MOVA determines that such preservation or disclosure is reasonably necessary to

  • Comply with legal process.
  • Enforce these Terms of Use,
  • Respond to claims that any such data violates the rights of others.
  • Protect the rights, property, or personal safety of MOVA, its employees, users or visitors of the site, or the public.

Termination of Access

You agree that MOVA may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the site. You also agree that any violation of these Terms of Use by you constitutes an unlawful and unfair business practice, and will cause irreparable harm to MOVA, for which monetary damages would be inadequate. You consent to MOVA obtaining any injunctive or equitable relief that MOVA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MOVA may have at law or in equity.

You agree that MOVA may, in its sole discretion and without prior notice, terminate your access to the site for cause, which includes (but is not limited to)

  • Requests by law enforcement or other government agencies.
  • A request by you (self-initiated account deletions).
  • Discontinuance or material modification of the site or any service offered on or through the site.
  • Unexpected technical issues or problems.

If MOVA takes any legal action against you as a result of your violation of these Terms of Use, MOVA will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to MOVA. You agree that MOVA will not be liable to you or to any third party for any liability resulting from MOVA’s termination of your access to the site.

Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of Australia and the state of New South Wales, without regard to its conflicts of law provisions. You waive any and all objections to such jurisdiction or venue.

In the event of any dispute or controversy between MOVA and you arising out of or in connection with your use of the site, the parties shall attempt to resolve any such dispute promptly and in good faith. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such dispute or controversy to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.

In addition to out-of-pocket expenses, you may not seek or recover any other damages. However, the prevailing party in any legal action is entitled to costs and reasonable legal fees.

Geographic Restrictions

The MOVA website is globally accessible, but not all features, products, or services discussed, referenced, provided, or offered through or on the site are available to all persons or in all geographic locations. MOVA reserves the right, in its sole discretion, to limit the provision of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the site is void where prohibited.

If you choose to access the site from your location, you do so on your own initiative and you are responsible for compliance with any and all applicable local laws.

Miscellaneous

You may not use, export, or re-export any content or any copy or adaptation of such content, or any product or service offered on the site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms remain in full force and effect.

These Terms of Use constitute the entire agreement between you and MOVA with regard to your use of the site, and any and all other written or oral agreements or understandings previously existing between you and MOVA with respect to such use are hereby superseded and cancelled.

MOVA's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MOVA of any provision or any right to enforce these Terms of Use, nor shall any course of conduct between MOVA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third party.

The site is accessible worldwide, and as such, may contain references to MOVA products, programs, and services that are not announced or available in your country. These references do not imply that MOVA intends to announce such products, programs, or services in your country.

Contact Us

If you have any comments or questions regarding these Terms of Use, please contact us at the details below and mark your correspondence "Website Terms of Use." For more complex or significant matters, we may need to ask you for more information. If you require details on applicable complaint channels for your situation, please feel free to ask.

General Enquiries: support.au@mova-tech.com