This Agreement governs your use of Mamma services (Services). By using the Services, you are agreeing to be bound by these terms of service (“Mamma Terms of Service”).
In order to utilize the Service you MUST agree to the applicable Terms of Service, which agreement is achieved by creating and using an Mamma user account.
Changes and Modifications
Mamma reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.
Service Levels and Access
We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability. In cases where Service is unavailable for more than five (5) days in any one calendar month, any subscription fees applicable will be waived for that particular month. Any loss of revenues during down times is neither covered nor recoverable.
Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid account.
Automated solutions, including tools, software applications and online systems used to access Mamma user accounts can only be used with permission. Please contact us to obtain permission.
We reserve the right to: (i) refuse the provision of services to any user; (ii) cancel user accounts; (iii) cancel, change, suspend and modify services offered to users at any time without notice or liability; or (iv) block any domain or traffic with the potential of causing disruption to the Mamma service.
Responsibilities and Restrictions
Responsibilities. You represent and warrant that: (i) you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website or Services; (ii) your actions and the Content comply with the terms of service of any third-party websites or services with which you interact. For example, many review sites strictly limit or prohibit the practice of offering incentives to customers in exchange for reviews; (iii) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (iv) you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website or Services.
Prohibited Activities. Mamma Clients shall not: (i) register any domain name with the “Mamma or Mamma” words contained therein; (ii) you will not reverse engineer any aspect of the Website or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website or Services; (iii) bypass robot exclusion headers (including using any device, software, or routine to accomplish that goal), or interfere or attempt to interfere with the proper working of the Service; (iv) use the Service for any unlawful purpose; or (v) or from any other fraudulent means.
Users who are in violation of any Responsibilities or Prohibited Activity are subject to the following actions that can be taken by Mamma at any time without notice or liability: user’s account(s) may be suspended, cancelled, or limitations placed on services provided.
If you believe that material located on or linked to by Mamma violates your intellectual property or the intellectual property of others, you are encouraged to notify Mamma. Mamma will respond to such notices and will remove the such infringing material and will disable links to any infringing material identified as required or as Mamma finds appropriate.
Mamma reserves the right to display attribution links such as ‘Powered by Mamma Reviews,’ theme author, font and image attribution, credits, and other similar statements and disclosures (“Credits”) in and on your page. Certain Credits, as determined by Mamma at its sole discretion, may not be removed.
This Agreement does not transfer from Mamma to you any Mamma intellectual property, and all right, title and interest in and to such property will remain (as between you and Mamma ) solely with Mamma. Mamma , the Mamma logo, and all other trademarks, service marks, graphics, slogans and logos used to identify Mamma , the Website or Services are trademarks or registered trademarks of Mamma or related entities. Other trademarks, service marks, graphics, slogans and logos used on the Website or in Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Mamma or third party trademarks.
Notices shall be in the form an email or system message alerts.
By opening an Mamma account you agree to receive emails from Mamma and related entities. You have the ability to unsubscribe at any time.
Mamma may terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, in its sole discretion. Upon such termination, all amounts owed, accrued and payable will become immediately due. You have the right to stop using the Website or Services at any time; however, you will be obligated to pay any amounts contracted for or otherwise owed, accrued or payable to Mamma. Upon termination of access: (i) all rights granted to you under this Agreement will terminate immediately; and (ii) you must cease all use of the Website and Services. Termination will not limit any of Mamma’s rights or remedies under this Agreement or at law or in equity. We are not responsible for any loss harm or other liability related to your inability to access or use the Website or Services.
The Mamma Service relies on data sourced from a number of providers, including third party providers. We endeavor to provide real time domain statistical data and apply quality filters as an when applicable, but as a general guide we believe that pure data can be more valuable and be more representative. We can not accept liability for any cases of data skews and/or quality levels.
We also warrant that Mamma will not violate any third party contractual obligations in relation to third party providers.
Except as expressly set forth in this Agreement, neither party makes and each party expressly disclaims any warranties as to the subject matter of this Agreement, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. For the avoidance of doubt, (a) the Service is provided “as is”; and (b) Mamma makes no representations or warranties regarding the number, quality, or content of any Services or the timing of delivery of such Services, and, accordingly, Mamma users expressly assumes all risk and responsibility with respect thereto. Neither party shall be liable for any interrupted or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
IF FOR ANY REASON WE ARE HELD LIABLE, OUR LIABILITY IS LIMITED TO US$100.00. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT, IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
THE LIMITATIONS SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO THE Mamma LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Release and Indemnification
Mamma customers releases and forever discharges Mamma and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Mamma services.
Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.
This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Mamma will comply with all applicable laws under this jurisdiction.
If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.
The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgement, confirmation or any other document issued by either party.