APP TERMS
APP TERMS 1. INTERPRETATION AND DEFINITIONS 1.1 Words and terms used in this Agreement are defined or explained in the dictionary in clause 15 of these Terms. 1.2 In these Terms:- (a) words denoting the singular include the plural and vice versa; words denoting individuals or persons include bodies corporate and vice versa; references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders; (b) Related Body Corporate, Related Corporation or Subsidiary has the same meaning as set out in the Corporations Act; (c) grammatical forms of defined words or phrases have corresponding meanings; and (d) including and includes are not words of limitation. 2. YOUR AGREEMENT 2.1 These Terms contains the terms and conditions governing the use of the Application and in this regard, you acknowledge, agree and warrant that:- (a) you have read and understood these Terms; and (b) you agree to be bound by the terms of these Terms. 2.2 If you do not wish to be bound by these terms then you must not download the Application onto your Device or use the Application in any manner. 2.3 You warrant that you will at all times:- (a) conform with such reasonable instructions or directives as may be given by us in connection with the use of the Application; (b) use the Application only for its intended purpose and in good faith; and (c) use the Application in accordance with these Terms. 3. ABOUT THE PRODUCT AND APPLICATION 3.1 The Product is an anti-theft device, which can be fitted to most Equipment. 3.2 The Product is designed to operate with the Application. 3.3 The Product is paired with the Application and once paired, the Product cannot be paired with any other Application or Device. The Product cannot be used without the Application and Device in which the Application is installed and the Product first paired with. 3.4 The Application uses encrypted software. 3.5 The Product and Application enables a secondary solution to anti-in Equipment. 3.6 Once you have installed the product in your relevant Equipment and it is paired with the Application, you can enable or disable the anti-theft device to the relevant Equipment it is installed in. 3.7 Further information on the Product and the Application may be found on our Website. 3.8 If there is any inconsistency between these Terms and the information contained on the Website then these Terms prevail to the extent of that inconsistency 4. USE OF THE APPLICATION 4.1 We grant you a non-transferable and non-exclusive license to install one copy of the Application to your Device. 4.2 In using the Application you warrant that you:- (d) will use the Application for your own personal use only; (e) will not install or use a copy of the Application on any Device that is not owned by you and in your control and possession; (f) will not sell, assign, lease, outsource, copy or distribute the Application in any manner whatsoever; (g) will not use the Application in any manner other than for which it is intended; (h) will not use the Application for any unlawful or illegal activity and will comply with all Laws in the use of the Application; (i) will maintain adequate security measures on your Device to ensure that the Application cannot be hacked or utilised by any third party; (j) will not attempt to modify or amend the Application in any manner or to deviate around technical limitations contained in the Application; (k) will comply with all copyright and intellectual property rights associated with the Application; (l) will ensure that you are reasonably informed of the requirements in respect of the use of the Application and are familiar with the use of the Application; and (m) will exercise due care, skill and judgement and at all times act in accordance with professional principles and standards of a competent professional Clinician in the use of the Application. 5. EXCLUSION ON PRODUCT AND APPLICATION 5.1 The Product and Application provide a safeguard against theft on the Equipment the Product has been installed on, however, there is no guarantee provided to you that the Equipment may still not be stolen. The Product is intended to reduce the risk of theft and not be a certainty. 5.2 By using the Product and Application you accept all risk in relation to the Product and Application including in relation to its installation. 5.3 You acknowledge that Product cannot be paired with any other Application or Device once the Product and Application are paired. The Product cannot be used without the Application and Device in which the Application is installed and the Product first paired with. 5.4 To the full extent permitted at law:- (a) we shall not be liable to you for any Loss howsoever occurred or arising; (b) all implied warranties are excluded; and (c) all content and services available through the Application are provided on an “as is” and “as available” basis and without any warranties of any kind, express or implied. 5.5 Your sole and exclusive remedy is to discontinue the use of the Application. 6. SALE OF PRODUCT 6.1 These Terms do not contain the terms and conditions upon which you purchased the Product from us. 6.2 The terms upon which you purchased the Product from us contain all relevant terms in relation to the sale and purchase of the Product, including any warranty on the Product. 6.3 We will not refund, credit or replace on incorrect choices, or failing to verify and accurately provide information when placing an order. It is your responsibility to ensure that the Product is correct for you. 6.4 You acknowledge and agree that we have provided no warranty or representations to you that the Products will be fit for their intended purposes 6.5 If there is any inconsistency between these Terms and the sale terms upon which you purchased the Product from us then these Terms prevail to the extent of that inconsistency 7. INSTALLATION OF THE PRODUCT 7.1 It is your sole responsibility to ensure that the Product can be installed on the relevant Equipment that you intend to install the Product on. 7.2 The Product must be installed on the Equipment at your cost by a licenced and qualified auto-electrician. 7.3 Any warranty we provide is voided in full if you install the Product without engaging an appropriately qualified and licenced auto electrician to install the Product on the Equipment. 7.4 You acknowledge that the installation of the Product by anyone who is not an appropriately qualified and licenced auto electrician may result in:- (a) significant Loss, damage or malfunction to the Equipment; and/or (b) personal injury to anyone using or near the Equipment. 7.5 Despite anything to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify us (and keep us indemnified, including for legal costs on an indemnity basis) and hold us harmless in respect of, any Loss that we may suffer, incur or otherwise become liable for, arising from or in connection with any property loss or damage, or personal injury or loss, arising from or in connection with you (or anyone on you behalf) not installing the Product on the Equipment by an appropriately qualified and licenced auto electrician. 8. USE OF THE DEVICE 8.1 It is your responsibility to ensure that:- (c) your Device has adequate security to protect us against all unauthorised use; and (d) the process you employ to obtain access to the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Device or otherwise cause you or any person loss, damage or corruption. 8.2 You use our Application at your sole risk. We make no warranty or representations that:- (a) the Application will be free of all defects or errors; or (b) the Application will be free from viruses or other conditions that could damage or interfere with data, hardware or software owned by you or on your Device. 8.3 You may be required to establish a user login and password to use the Application. If so, you are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login. You must not reveal your password in any way and to any other person or organisation and must take all reasonable steps to ensure that your password is keep confidential and secure. 8.4 We do not store your password. 8.5 We are not under any circumstances liable to you for any Claim, Loss or liability you sustain or incur as a result of the misuse of your user login or password, or due to the activities of any third party. 8.6 You agree that you will use the Application in accordance with all applicable local, state, national and international laws, rules and regulations. 9. SERVICE PROVIDERS 9.1 You acknowledge, agree and warrant that:- (a) These Terms are not entered into with any Service Provider; third party device platform or associated service provider or telecommunications carrier; (b) no Service Provider has any obligations, responsibility or liability with respect to this Agreement, including but without limitation any obligations to provide maintenance or support services relating to the use of the Application; (c) you must comply with any terms and conditions of any Service Provider as may be applicable to your Device (“Third Party Conditions”); and (d) it is your responsibility to ensure that you determine what Third Party Conditions apply to you or your Device and that you have read, understood and accepted those Thirty Party Conditions before entering into this Agreement. 10. TITLE TO THE APPLICATION AND OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS 10.1 We own the Application. All intellectual property relating to the Application is owned by us. 10.2 The licence to use the Application does not give you any right, title or interest in the intellectual property of the Application or any part of the Application. 10.3 You must not do anything, or cause anything to be done, which interferes with or breaches any laws or the intellectual property rights associated with the Application. 11. PRIVACY POLICY 11.1 The Application:- (a) will not ask you for any personal information other than information required to sign-in to the Application, which includes a username and password; (b) will never ask you for money; (c) does not link or divert you to any third party application or product; and (d) does not transmit data in a way that allows us or any third party to access it. 11.2 You will be required to upload information onto the Application to sign-in to the Application. This may include your name, email address, username and password. 11.3 We will never rent or sell your personal information, including your email address. 11.4 We will not share the your information with any other person or entity unless:- (e) It required by law; (f) You breach these Terms and we require that information to contact you or for reasons associated with your breach of these Terms, or to seek advice from third parties or professional advisors in this regard; (g) to enable us to properly respond to your requests, inquiries, comments or concerns; (h) to enable us to provide technical, product and other support; or (i) to enhance, evaluate and improve the Application. 11.5 If your Device is a mobile device then you may from time to time be asked if you would like to receive “Push Notifications”, which may include alerts, badges, banners and sounds. If you choose to allow Push Notifications then the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications. You may choose to stop receiving Push Notifications at any time. 11.6 You agree to comply with the Privacy Act when uploading information on the Application. 12. UPDATE OF THESE TERMS 12.1 We may amend these Terms from time to time at our complete discretion. 12.2 If we complete any amendment to these Terms then such amendments take effect:- (a) immediately for any new uses of the Application; or (b) thirty (30) days after notification by us for all current users of the Application. 12.3 You acknowledge and agree that it is your responsibility to review these Terms regularly for any amendments. 12.4 If you do not agree to any amendment we complete to these Terms then you must cease using the Application. 13. GENERAL 13.1 These Terms are governed by and construed in accordance with the laws of Queensland. Any disputes concerning these Terms are to be resolved by the courts having jurisdiction in Queensland, and wherever possible within Courts in the City of Townsville. 13.2 We have taken proper care and precautions to ensure that the information we provide on our Website and Application is accurate. However, we cannot guarantee, nor do we accept any liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on our Website or Application. 13.3 You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising (including legal costs on an indemnity basis) from or in any way related to a breach of these Terms by you. 13.4 If any term clause or provision of these Terms shall be or shall be deemed to be judged invalid for any reason whatsoever, such invalidity shall not affect the validity or operation of any other term clause or provision of these Terms except only so far as may be necessary to give effect to such invalidity. 13.5 No waiver by any party or a right or a default hereunder shall be deemed a waiver by such party of any subsequent right or default whether of a like nature or otherwise. 13.6 The parties acknowledge and agree that they have consented to all communication and information being sent and received by facsimile or other electronic methods of communication pursuant to the provisions of the Electronic Transactions (Queensland) Act 2001. 14. CONTACTING US 14.1 All of our contact details are contained on the Website. 15. DEFINED TERMS 15.1 In these Terms:- (a) “Application” means the application available for download and installation onto a Device which provides is intended to pair with the Prodict. (b) “Claim” includes any complaint, action, suit, cause of action, proceedings, arbitration, debt due, accounts, costs and expense (including any legal costs and expense), claim, demand, verdict or judgement arising under the provisions of any statute, award, common law, order or determination (whether or not known) at the date you download the Application. (c) “Corporations Act” means the Corporations Act 2001 (Cth). (d) “Device” means your device platform, which may include a PC, Smartphone or other mobile communications device. (e) “Equipment” means the vehicle or other equipment that you install the Product on, which may include but without limitation a canopy, trailer, or caravan. (f) “Loss” means any loss whether in contract, tort or otherwise, any loss of profits, business or anticipated savings, economic loss, exemplary loss, loss of revenue, special, direct, indirect, incidental or consequential loss of nay nature, expenses, fines, fees or damages of any kind whatsoever suffered and however so arising. (g) “Privacy Act” means the Privacy Act 1988 (Cth). (h) “Service Provider” means any third party service provider, including but without limitation any Device or associated service provider, telecommunications carrier or any telecommunications carrier, person or entity from whom you are downloading the Application from and includes but without limitation any Related Body Corporate, Related Corporation or Subsidiary of such third party service provider. (i) “Terms” means these terms and conditions. (j) "us" or "we" or "our" means All Tig Welding Pty Ltd ACN 112 392 391 and includes its successors and assigns or any person acting on behalf of and with their authority. (k) “Website” means our website that promoted the Product and Application, and includes all associate web pages (if any) and any underlying website code. (l) “Product” means the anti-theft device you purchased from us. (m) "you" or "your" means the customer who downloads this Application.