Shipster Plugin Licence and Installation Agreement

The Agreement is made between Light Media Pty Ltd (ABN: 27 153 692 543) located at 14 Toorak Road, South Yarra VIC 3141 Australia and the Customer. The Customer being the company that is a merchant registered with the Shipster (auspost.com.au/shipster) platform.

Plugin, Module, Software, Application shall mean the Shipster codeset that constitutes the software program necessary for the integration between third party e-commerce applications, such as Magento and WordPress (Woocommerce), to the Shipster system via the API.

As an Open Source Plugin, Light Media was not the original developer of the Plugin. In partnership with Australia Post and Shipster, Light Media is providing the plugin ongoing development, support and installation as requested.

The Customer may purchase the Plugin ‘AS IS’ or purchase the Plugin and contract Light Media to perform the installation for an agreed fee. When this is the case, the Customer will facilitate the process by providing all necessary access required for Light Media to complete the work.

1. Licence Grant

1.1. Subject to the terms and conditions of this agreement, Light Media hereby grants to the Customer a non-exclusive, non-transferable single license to the Software for the Customer’s use on their e-commerce website for an agreed fee.

2. Terms

2.1. The Term begins when the Customer purchases the Plugin ‘AS IS’ or contracts Light Media to provide installation services.

3. Copies and Use

3.1. The Customer must not make copies of the software for any purposes. All copies and distribution of the software shall remain within the direct control of the Customer and its representatives.

3.2. In no way does this Software License confer any right to the Customer to license, sublicense, sell, distribute or otherwise authorize the use of the software, whether in executable form, source code or otherwise, by any third parties, except in connection with the use of the system as part of the Customer’s business with Shipster or otherwise expressly approved by Light Media.

3.3 All modifications made by the Customer to the Plugin ‘AS IS’ it is made at the Customer sole discretion and responsibility and must be notified to Light Media by email.

4. Proprietary Rights Owned by the Customer

4.1. The Customer represents and warrants that it either owns or have permission to use the e-commerce platform where the Plugin will be installed.

4.2. The Customer may supply to Light Media or allow Light Media to use certain proprietary information, including service marks, logos, graphics, customer lists, documents and business information and plans that have been authored or pre-owned by the Customer. All such intellectual property shall remain the exclusive property of the Customer and shall not be used by Light Media for any purposes other than those associated with the installation of the Plugin.

4.3. It is the customer’s responsibility to generate and maintain backup files of its own data and maintain a reasonable staging (test) server.

5. Warranties and Representations

5.1. Light Media represents and warrants to the Customer that:

5.1.1. it has all necessary rights and authority to execute and deliver this Software
License and perform its obligations hereunder and to grant the rights granted under this
Software License to the Customer;

5.1.2. the services provided by Light Media under this Software License, including the
installation and all intellectual property provided hereunder, are original to Light Media,
Australia Post and its subsidiaries.

5.1.3. the software will not infringe or otherwise violate the rights of any third party, or
violate any applicable law, rule or regulation.

5.2 The Software is provided “AS IS”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non infringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

5.3 As per clause 7.1 there is no Warranty that the plugin will work as ‘plug and play’ into the Customer’s website. Further customisations and adaptations may be necessary to the Plugin in order to work with the Customer’s current website setup.

6. Indemnification

6.1. Light Media hereby indemnifies and shall hold harmless the Customer, its parent, their subsidiaries and its affiliates, officers, directors, employees, agents and subcontractors from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any breach or alleged breach of the Agreement or any third party claims that the software or system here provided by Light Media infringes or otherwise violates any rights of any such third party.

6.2. Customer hereby indemnifies and shall defend and hold harmless Light Media, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents and subcontractors from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any third party claims that Customer’s use of the software in contravention of the grant of rights infringes or otherwise violates any rights of any such third party.

7. Limitation of Liability

7.1 Light Media is expressly not liable for any data loss or interruption of service caused by the Plugin installation into the Customer’s website. The Customer understands and accept that e-commerce open source platforms, such as Magento and WordPress, were developed to allow for customisations, changes and adaptations to suit specific customer’s requirements. Therefore, each of such website platform is unique and may generate incompatibility with the Plugin. Additionally, open source platforms may present their own ‘bugs’ or errors which may cause disruption of the website functionality. Due to the facts above, but not limited to them, Light Media is expressly not liable for any data loss or interruption of service caused by installation of the Plugin into the customer’s website.

7.2. The liability of the Company to the Client for any reason related to the performance of the Software under this agreement shall be limited to the amount paid or payable by the Customer in respect of this particular Software.

7.3. In all circumstances, the maximum liability of Light Media to the Client for damages for any and all causes whatsoever, and the Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net fee paid by the Customer for the licence and installation of the Software.

7.4. In no event, shall Light Media be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the Software provided by Light Media, even when Light Media has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

8. Notices

8.1. A party may deliver notices under the Agreement by postage, by hand or by e-mail transmission to another party at the address set out at the beginning of the Contract or such other address a party may notify in writing to the other.

9 The Commonwealth Trade Practices Act 1974

9.1. The warranties, rights and remedies of the Client as outlined in the Commonwealth Trade Practices Act 1974 are not intended to be compromised as a result of anything contained in these terms and conditions, except to the degree permitted by the Act.

10. Privacy Policy

The Company is committed to protecting your privacy. Its policy is to comply with the National Privacy Principles for the handling of personal information as set out in the Privacy Act, 1988. In accordance with those principles, and with the Company’s Privacy Policy, persons will be given access to their personal information upon request. The Company uses the types of personal information collected including enabling it to supply Clients with its products and services and for assessing Applications for Commercial Credit, managing accounts and, if necessary, assessing its risk in collecting debts. This information may be disclosed to the Company’s associated or related entities, parties related to the Client’s contractors, other credit providers, whether or not an account is overdue and, if necessary, its risk insurers, debt collectors and credit reporting agencies. Clients who have any concerns about the Privacy Policy are requested to direct them to Light Media by phone, email or in writing.

11. Jurisdiction

The laws of Australia shall govern this agreement. Any and all disputes arising from this Agreement shall be submitted to the competent court in the State of Victoria.

Google Rating
5.0

Google reviews

A Google User
A Google User
11:12 12 Nov 18
I am very grateful to Cristiano and his team at light media. As a medical practitioner starting a new practice I did not know anything about branding, logos, website and SEO. I was referred to Cristiano by a common friend and was initially somewhat apprehensive thinking that the South Yarra location would mean premium prices. He was definitely reasonably priced but every aspect of the service was top notch. The whole process was transparent from the outset and I knew what I was getting. Nothing was a hassle and they worked around my busy schedule. They made sure that the website project went according to the timeline. At times they held me accountable for my part which was necessary. They have a great team and can provide a one stop shop. I did my logo, stationary, ongoing paper promotional material, website, website hosting and recently SEO. I have referred multiple colleagues to him and have gratitude for making one aspect of my practice so seamless.
Shekib Shahbaz
Shekib Shahbaz
11:12 12 Nov 18
I am very grateful to Cristiano and his team at light media. As a medical practitioner starting a new practice I did not know anything about branding, logos, website and SEO. I was referred to Cristiano by a common friend and was initially somewhat apprehensive thinking that the South Yarra location would mean premium prices. He was definitely reasonably priced but every aspect of the service was top notch. The whole process was transparent from the outset and I knew what I was getting. Nothing was a hassle and they worked around my busy schedule. They made sure that the website project went according to the timeline. At times they held me accountable for my part which was necessary. They have a great team and can provide a one stop shop. I did my logo, stationary, ongoing paper promotional material, website, website hosting and recently SEO. I have referred multiple colleagues to him and have gratitude for making one aspect of my practice so seamless.
Dest Liv
Dest Liv
04:03 04 May 18
Great 3D Rendering services & Architecture Visualisation skills, helping our designs come to life in a photo realistic way. Easy to deal with, above par in terms of skill & would recommend their services for anything Building & Property related
Attila Vermes
Attila Vermes
02:23 26 Apr 18
Dealing with Light Media was an absolute bliss. They were transparent from the start, delivered as promised and within the timeframe. Highly recommend them for digital solutions.
Wyndham City Libraries
Wyndham City Libraries
22:37 07 Nov 17
The Wyndham History website was designed and implemented by Light Media, on the library CMS called Omeka. The design has met – and exceeded - our brief and expectation. We have been continuously using Light Media for ongoing development. The team is friendly, ready to assist and punctual on deadlines. We have been thrilled with the level of design and development expertise that Light Media have demonstrated on a key web project for our organisation. We gave Light Media the brief to fully develop (including look-and-feel, functional changes and bug fixing) a local history website built on the Omeka Content Management System. The team at Light Media clearly relished the prospect of working with a new platform and showed a great understanding of our needs and those of our end users. They nailed the design of the website theme in the first round of wireframes, and continually impressed us with their aesthetic decisions and UX suggestions during the look-and-feel development. We were also very pleased with their willingness and skill in bug fixing several modules of the CMS, thereby allowing us to deliver an excellent resource to the community on our own timeline. We couldn’t be happier with the professionalism, support and customer centred approach of the Light Media team – thanks again! -Tom Edwards. Coordinator, Library Systems Technology
Brandon Galgano
Brandon Galgano
00:13 31 Aug 17
Fantastic customer service, friendly staff and talented professionals, Light Media were brilliant building our new website! Would highly recommend!
Joshua Gullaci
Joshua Gullaci
04:58 14 Aug 17
I had Light Media do a 3D rendering image of a bathroom scene showcasing an upcoming product of ours. The result was beyond my expectations, seriously! I had an initial image/direction in mind and they used the idea and made it far better than I could of come up with. The ease of process that Jeff and the team provided was exactly what I needed as this was the first time I have had 3D rendering done. I have had endless comments on how good the render looks, both in the architecture and how real it is. My favourite of which was "this looks like it's come straight out of Vogue Living" I'm about to have a number more 3D rendered bathroom scenes by Light Media made for our website and new marketing material.
Robert Tadros
Robert Tadros
00:14 30 Mar 17
Hands down the most transparent, honest and trustworthy web design/development agency I've ever worked with. Renato and the team provide a clear scope of works and exceptional turnaround time. Highly recommended +++
Neil Farnworth
Neil Farnworth
00:01 30 Mar 17
Light Media has provided the end-to-end solution for web and video solutions for our business. They scoped the project using advanced prototyping tools and delivered the website in a timely manner. The whole process was smooth and friendly. We are impressed with the quality of the web development and using the system every day in our organisations
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