MiGain Terms and Conditions of Use

Thank you for using MiGain, which is brought to you by MiGain Pty Ltd (We, Our Us).  These terms and conditions are our terms of service that govern our relationship with all users of the application (app).

1. THIS AGREEMENT

• By accessing or creating a MiGain account or otherwise by using MiGain, you are agreeing to these terms which form a legally binding agreement between you and Us, and in return for you agreeing to those, we will give you access to MiGain and its functionality, content and related services.
• This is a legally binding agreement between you and Us which will continue to apply while you maintain a MiGain account or otherwise access the MiGain app.
• The terms of this agreement may be amended from time to time and if they are amended, you will be asked upon your next MiGain access to agree to the new terms.  Until you choose to agree to those terms, further access to MiGain may not be provided.
• It is your obligation to ensure that you have read and agree to the most recent Terms of Use available on MiGain. By registering for a MiGain account, you acknowledge that you have read and understood these Terms and Conditions of Use.
• MiGain is currently offered in the English language only but we reserve the right to offer MiGain in other languages too.

2. PERSONAL INFORMATION UPLOADED TO MIGAIN

• We take no ownership interest in any of the content or information you upload to or save via MiGain. The ownership of that content remains with you, its true owner.
• You grant us a royalty-free licence for the life of your MiGain account and while you have any content stored within or via MiGain to use any such content in order to offer the app’s functionality to you.
• When you delete content from MiGain you understand that your data may not be recoverable and you acknowledge that it is not part of our service to back-up or keep copies of your content or personal information.

3. MIGAIN FEES AND CHARGES

• We will charge you, and you agree to pay, the fee (Subscription Fee) for the plan level selected (the Subscription Plan) when subscribing to MiGain (if applicable).
• All fees and charges and all prices for access to MiGain include GST (unless otherwise stated) and are payable in Australian Dollars.
• You authorise us to invoice and receive payment from you in advance for Subscription Fees based on a selected payment option (e.g. monthly, bi-annual, annual), until termination of your MiGain account.
• All credit card details will be encrypted and securely stored by a third-party payment solutions provider approved by us. We do not store or have access to your credit card details. In supplying your credit card details, you authorise us to invoice and the payment service provider to process payment of your Subscription Fees and any other outstanding amounts (as applicable) as they become due.
• If we are unable to successfully process your credit card payment for the Subscription Fee, then we may notify you of the dishonoured payment. If the Subscription Fee is not paid within 24 hours of this notification, we reserve the right to cancel your subscription.
• The Subscription Fee is non-refundable for the entire period of the Subscription Plan you have paid for in the event you elect to downgrade or terminate your Subscription Plan. In the case of a downgrade, the new Subscription Fee for the downgraded Subscription Plan will apply immediately; and the expiry date will be extended according to the remaining unused credit amount of your current Subscription Plan. In the case of an upgrade, the new subscription plan will apply immediately offsetting the remaining unused credit amount from the current subscription plan.
• You must not pay, or attempt to pay, the Subscription Fee through any fraudulent or unlawful means.

4. SAFETY

• MiGain does not validate or check content or information provided by you in any way.
• We are not responsible for any third-party content obtained by MiGain during your use. We do not guarantee the accuracy or completeness of any information provided to us by a third-party provider and accessed through MiGain.
• You agree that in accessing MiGain you will not at any time:
  • upload viruses or any malicious code to MiGain nor transmit anything like that to any third-party MiGain users;
  • solicit MiGain or third-party login information or access a MiGain account for which you are not the registered user;
  • post, upload or transmit to or via MiGain any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of MiGain, third-party providers or any of our systems;
  • do anything that could disable, overburden, or impair the proper working or appearance of MiGain such as a denial of service attack or interference with page rendering or other MiGain functionality;
  • facilitate or encourage any violations of any of these terms.
• While we have taken all reasonable steps to help ensure so, we do not warrant that MiGain or the information or services provided via MiGain by us or any third-party provider are or will:
  • be free from viruses;
  • be able to be accessed without interruption;
  • be accurate, complete, adequate or suitable for any particular purpose;
  • replace the need for proper and professional accounting, financial, taxation or legal advice

5. REGISTRATION AND ACCOUNT SECURITY

• In order to help ensure the security of MiGain user accounts, you agree that you will not:
  • provide any false personal information in setting up a MiGain account nor create an account for anyone other than yourself without permission;
  • create more than one personal account;
  • if we disable your account, create another one without our permission or try to use different or alias names;
  • allow out of date or incorrect contact information for you to remain in your MiGain account details, but will instead keep your contact information accurate and up-to-date;
  • share your password, let anyone else access your account, nor do anything else that might jeopardize the security of your account or the MiGain system;
  • transfer your account to anyone without first getting our written permission;
• You acknowledge that you are responsible for your use of MiGain and for maintaining the confidentiality of passwords and any other information. You will immediately notify us of any unauthorised use of your account or any other breach of security that you become aware of. MiGain may reset your password following a breach of security and you must take all other actions that MiGain reasonably deems necessary and advises to you.
• MiGain requires its users to be at least 16 years old (or such higher minimum age as may apply) to be eligible to create an account.

6. COPYING MIGAIN MATERIALS

• Other than via the ordinary use of MiGain, you will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of the MiGain app or MiGain website including any text, images or other content or data contained on or within MiGain, without our prior express written permission or unless expressly authorised by these terms.
• All copyrights, trademark rights and other rights in or arising out of the MiGain app and website and all related content are either owned by or under licence to us from a third-party provider, and we reserve all of those rights.
• Unless otherwise stated, you are permitted access to view, copy, print or store reports issued in the usual course of your use of MiGain for your own use. Any copyright notice issued on or with such report must be adhered to and remain on the copy such report.

7. TERMINATION

• Your access to MiGain is at all times within our sole discretion, but if we do terminate your access to something you have paid us for other than for your breach of these terms, we will refund to you any sums in respect of access or services you have paid for but not received.
• All restrictions, licences granted by you and all disclaimers and limitations of our liability in these terms will survive termination, although you will no longer be authorised to access MiGain or your MiGain account(s).

8. INFORMATION PROVIDED IN THE APP

• The purpose of MiGain is to:
  • Track your securities and asset portfolio and provide estimated current but not real time values;
  • Calculate and provide information relating to Capital Gains Tax for both securities and real property holdings;
  • Provide various income and expenditure reports for securities and real property assets;
  • Calculate depreciation for real property assets; and
  • Provide basic financial information to assist with the preparation of final accounts and the lodging of taxation returns.
• You may only access and use Migain to manage your own portfolios and you are responsible for all activity on your account.
• Material available via MiGain may contain general information about MiGain and our products or services, or those of third-parties with whom we deal or do business.  Unless expressly stated otherwise, this information does not mean that we are in any way affiliated with any third-parties or businesses referred to.
• Material you may be able to access using MiGain may include third-party provider’s documents provided to you via the app.  We have no control over and are not responsible in any way for your use or reliance upon the content of any such documents or information provided.
• We make no warranty that the information provided will be complete and suitable for use. We will not be responsible for any errors that may arise in the calculations provided and these calculations should be used as a guide only and should not ever replace professional advice.
• If technical support is required, please check the support provided online by us or contact MiGain’s customer support. MiGain has no obligation to provide customer support services to you for any third party services or software not owned by us that integrates into MiGain (Third Party Services). These support services will be provided on a best efforts only basis.

9. OTHER WEBSITES

• MiGain content may include links to other apps, websites and/or materials (Other Sites) which are beyond our control.
• We do not review or monitor any Other Sites or any such links and we are not responsible for content on any Other Sites.
• If you access any Other Sites, you do so at your sole risk and possibly subject to the terms and conditions of those sites.
• The inclusion within MiGain of references or links to Other Sites does not imply any endorsement by us of any of the Other Sites or the content contained on those sites.
• We do not warrant the safety or accuracy of the content on any Other Sites and will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.

10. OUR LIABILITY

• We do not warrant that the materials on MiGain will be suitable for any particular purpose. Access to MiGain and its content is provided on a strictly “as is” basis.
• In consideration for being given access to MiGain and its content, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of MiGain, use or reliance upon any content obtained via MiGain, or reliance upon any third-party posted resources.
• All implied warranties are excluded to the maximum extent permitted by law.
• Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
  • the supply of the relevant goods or services again;
  • repair of any goods; or
  • payment of the cost of having the goods or services supplied again or repaired.
• We intend that MiGain should be available 99% of the time, 24 hours a day, seven days a week. However, it is possible that on occasions, MiGain may be unavailable. If we have to interrupt your use or access to MiGain for longer periods than we usually anticipate, we will use reasonable endeavours to publish in advance details of such activity on MiGain. We will have no liability to you for the unavailability of MiGain.
• We will ensure information submitted on the login and signup pages is transferred between you and our servers using HTTPS encryption or similar.
• MiGain uses ‘cookies’ and other measures to monitor traffic patterns and to serve you more efficiently when you visit MiGain. Cookies do not contain information by which we can identify you but they identify your computer to our servers. If you refuse cookies some parts of MiGain may not function properly.

11. INDEMNITY

You will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of MiGain or any of its content or from any breach by you of these terms.

12. GOVERNING LAW AND JURISDICTION

• This agreement and your relationship with us pursuant to this agreement are governed by the laws of Victoria, Australia, and shall not be subject to or governed by The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.
• You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Victoria for the purpose of resolving any disputes arising out of this agreement.

13. ENTIRE AGREEMENT

• This agreement constitutes the entire agreement of the parties and supersedes all prior understandings, negotiations, agreements, written or oral, express or implied.
• No waiver or breach of any term of this agreement shall constitute a precedent or a waiver of any succeeding or other breach of the same.
• The next time that you use MiGain, via the app or website, you may be asked to agree to terms and conditions which may differ from these terms. The terms as they appear on each such occasion are the terms that will govern your use of MiGain at that time.