No Warranty and Limitation of Liability
You understand that we cannot, and do not, guarantee or warrant that files available for downloading from the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data.
MOBIN Enterprise will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Information provided on this website is provided “as is”, without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, quality, fitness for a particular purpose, or noninfringement. MOBIN Enterprise makes no warranties, express or implied, about the accuracy or adequacy of the website content. Your use of this website is at your own risk. Under no circumstances and under no legal theory shall MOBIN Enterprise, its suppliers, or any third party involved in creating, producing, or delivering the website’s contents be liable to you or any other person for any direct, indirect, special, incidental, or consequential damages of any character arising from your access to or use of the website. Indemnification You agree to defend, indemnify, and hold harmless MOBIN Enterprise, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement or your use of any information obtained from the website, including, without limitation, any use of the website’s content, services, and products other than as expressly authorised in this Agreement. Use of This Website You agree that you will not (i) interfere with the operation of this website, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming; (ii) use any robot, spider, site search/retrieval application, or other device to access, retrieve, screen scrape, screen surf, or employ any other data scraping method, or index any portion of this website or its content, for any purpose; or (iii) use data or other content from this website to create or compile a collection, compilation, database, or directory. Governing Law and Jurisdiction This Agreement and your use of the website shall be governed by the laws of New South Wales, Australia without regard to its conflict of laws provisions.
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the website shall be instituted exclusively in the federal courts of Australia or the courts of New South Wales, in each case located in or having jurisdiction over the City of Sydney. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Limitation on Time to File Claims Any cause of action or claim you may have arising out of or relating to this Agreement or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver of any provision in this Agreement by MOBIN Enterprise shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of MOBIN Enterprise to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.