END USER LICENCE AGREEMENT
This is an agreement between you and Appstablishment Pty Ltd (ACN 88 602 855 621) (us, we, our) to use the Software Application.
By accessing, viewing, using, or downloading the Software Application you indicate that you accept the terms of this agreement and that you agree to abide by them until this agreement is terminated in accordance with clause 14.
The terms of this agreement apply to the Software Application.
1.1 In order to use the Software Application you must:
1.1.1 agree to comply with the terms of this agreement;
1.1.2 be using a Compatible Device;
1.1.3 be able to access the internet on the Compatible Device on which you will use the Software Application
1.1.4 have Minimum Browser Requirements;
1.1.5 enable Cookies if required;
1.1.6 be an Authorised Representative;
1.1.7 pay us a Licence Fee in accordance with clause 3 below.
1.2 If you do not satisfy the requirements or if you do not agree to any of the terms of this agreement:
1.2.1 we will not licence the Software Application to you;
1.2.2 you must not install, use or access the Software Application; or
1.2.3 if you have already installed the Software Application, you must uninstall the Software Application.
2.1 If you satisfy the requirements in clause 1 we grant to you a personal, non-exclusive, non-assignable, non-transferable, revocable licence to use the Software Application in accordance with the terms of this agreement, as amended from time to time.
3. Licence Fee
3.1 In consideration for us granting you this licence, you agree to pay us a Licence Fee as detailed at Item 2 of the Schedule.
4.1 Amounts payable under or in connection with this agreement have been calculated without regard to GST. If GST applies to any supply made under this agreement, You must pay an additional amount equal to the GST payable on the supply. Terms used in this clause have the meanings given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5. User Generated Content
5.1 The Software Application allows you to submit details and information as detailed in item 7of the Schedule including (but not limited to) quotes, invoices, claim numbers and photos relating to the Purpose (referred to as ‘UGC’). As between you and us, you own your UGC.
5.2 You acknowledge that:
5.2.1 your UGC may be seen by us;
5.2.2 if you are a Supplier, your UGC will be seen by the relevant Customer;
5.2.3 if you are a Customer, your UGC will be seen by the relevant Supplier;
5.2.4 you are responsible for your own UGC.
5.3 You must not submit UGC using the Software Application that is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libellous invasive of another’s privacy right or right of publicity, or racially or ethnically objectionable.
5.4 We do not monitor any UGC and accept no liability for the content, timing and frequency of any UGC.
5.5 You grant to us the right to access, disclose, use and/or retain UGC for the sole purpose of us providing the Software Application under this agreement. You also agree that we may disclose, use and/or retain UGC in depersonalised aggregated form for our business purposes including planning, marketing and product development.
6. Restrictions on Use
6.1 You may only use the Software Application for the Purpose.
6.2 You agree that you will not sell, rent, lease, license, assign, sub-license or transfer the Software Application to, or permit the use of the Software Application by, any third party.
6.3 You agree to use reasonable care and protection to prevent unauthorised use, copying, publication or dissemination of the Software Application.
6.4 You must not:
6.4.1 copy, modify, translate, enhance or adapt the Software Application;
6.4.2 remove, obscure or alter any copyright or trade mark notice or trade
6.4.3 unless otherwise permitted by law, reverse engineer, disassemble, or
6.4.4 exploit or use the Software Application otherwise than as permitted
6.4.5 attempt to create any competitive product or any service which has mark attached to or contained in the Software Application; decompile the Software Application or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the Software Application; under this agreement; features or functionality the same as or similar to the features and functionality of the Software Application or copy any features, functions, graphics or interfaces of the Software Application;
6.4.6 infringe the Intellectual Property Rights of any person.
7. Intellectual Property Rights
7.1 You acknowledge that we or our licensors own all Intellectual Property Rights in the Software Application.
7.2 You must not use our trade marks, or any trade mark that is substantially identical or deceptively similar, without our express permission or licence.
7.3 Except to the extent to which Intellectual Property Rights are expressly licensed to you by this agreement, no Intellectual Property Rights pass to you.
8. Updates and Amendments
8.1 You acknowledge and agree that from time to time we will update the Software Application and the terms of this agreement.
8.2 You acknowledge that depending on the update, you may not be able to use the Software Application until you have downloaded the latest version of the Software Application and accepted any new terms of the agreement.
9. Links to other Sites and Third Party Advertising
9.1 The Software Application may incorporate Third Party Advertising and Linked Websites. We have no control over the contents of Third Party Advertising and Linked Websites. Accordingly, we are not responsible for, and make no representation or warranty relating to, the content of the Third Party Advertising and Linked Websites. The display of any Third Party Advertising on the Software Application does not in any way imply that we endorse or recommend the relevant advertiser, its products or services, or any such linked website or resource.
9.2 To the extent permitted by law, we will not be liable for any form of loss, liability, damages, costs, injury or harm suffered or incurred by you in consequence of, or resulting directly or indirectly out of, your interaction with the relevant third party who owns or operates the Linked Websites.
10. Exclusions and Limitations of Liability
10.1 All terms, warranties and representations not expressly stated in this agreement, are excluded from this agreement to the extent permitted by law.
10.2 Nothing in this agreement excludes, restricts or modifies any condition,warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified (a Non-Excludable Provision).
10.3 Subject to clause 10.2 and to the extent that we are able to limit our liability for breach of a Non-Excludable Provision, our liability is limited, at our option,to:
10.3.1 in the case of goods, replacing or repairing the goods or supplying equivalent goods, or paying for the cost of replacing or repairing the goods or of acquiring equivalent goods; and
10.3.2 in the case of services, resupplying the services, or paying the cost of resupplying the services.
10.4 Our maximum total aggregate liability for all loss, damage, cost or expense arising under or in relation to this agreement, whether in contract, tort (including negligence), equity, under statute, under an indemnity or on any other basis is limited to the Licence Fees received by us under this agreement in the 12 month period preceding the event giving rise to the liability.
10.5 We are not liable for any:
10.5.1 lost profits, lost revenue, loss of opportunity, loss of management time or failure to realise anticipated savings, loss of or damage to reputation or goodwill;
10.5.2 special, indirect, incidental or consequential damages, losses, costs, or expenses.
10.6 Our liability to you under or in relation to this agreement is reduced to the extent that your acts or omissions, or those of a third party, contributed to or caused the liability.
10.7 We warrant to you that we are entitled to license the Software Application to you on the terms of this agreement.
11. Data and Location Services
11.2 The Software Application may identify and use location data sent from the Compatible Device. You can turn off this functionality on the Compatible Device by turning off the location services settings for the Software Application. If you do not turn off the location services, you consent to us collecting, transmitting, processing and using your location data to provide location-based services. You may withdraw this consent by turning off the location services settings at any time.
12. Personal Information
13.1 We may terminate this agreement or cease operating the Software Application:
13.1.1 at any time, for any reason, by giving not less than 1 months’ written notice to you;
13.1.2 if you commit a material breach of a term of this agreement and the breach has not been remedied within 30 days after receiving notice of the breach.
13.2 If we terminate this agreement in accordance with clause 14.1 your licence to use the Software Application is terminated immediately and:
13.2.1 you will no longer have access to the Software Application or any of the data incorporated in the Software Application;
13.2.2 you must delete or remove the Software Application from all Compatible Devices;
13.2.3 you must destroy any and all copies of the Software Application in your possession, custody or control.
13.3 You may terminate this agreement at any time by deleting the Software Application from all Compatible Devices that it is installed on.
14. General Provisions
14.1 Any complaints or questions relating to the Software Application can be directed to us using the details provided in Item 3 of the Schedule.
14.2 We may assign our rights and novate our obligations under this agreement at any time by notice to you. You may only assign a right under this agreement with our prior written consent.
14.3 This agreement is governed by the laws of Western Australia. The parties submit to the laws of this State.
14.4 You agree that you will execute and do all such acts and things as shall be necessary or desirable in order to implement and give full effect to the provisions and purposes of this agreement.
14.6 If any part of this agreement is void or unenforceable that part will be severable from and will not affect the enforceability of the remaining provisions.
In this agreement:
Authorised Representative means that you have the relevant authority in order to enter into this agreement.
Compatible Device means the devices set out in Item 5 of the Schedule.
Cookies means the cookies that must be enabled to use the Software Application as set out in Item 4 of the Schedule.
Customer means any person or organisation receiving a good or a service from a Supplier.
Intellectual Property Rights means such rights as may subsist in the copyright, trade marks (whether registrable or not), patents, patent applications, designs, trade secrets, knowhow, confidential information, moral rights and all other intellectual property rights.
Licence Fee means the licence fee payable as set out in clause 3 and Item 2 of the Schedule in this agreement.
Minimum Browser Requirements means the minimum browser requirements for the Software Application as set out in Item 6 of the Schedule.
Notification means a notification from a Supplier to a Customer relating to the status of the Purpose for which you have used the Software Application.
Purpose means all of the purposes for which you may use the App as set out in Item 7 of the Schedule
Requirements means the necessary requirements for you to use the Software Application, as listed at clause 1 of this agreement.
Software Application means the application or software that you have accessed, used or installed as set out in Item 1 of the Schedule.
Supplier means a party supplying a good or a service to a Customer.
You means the person accessing, using, or installing the Software Application and the legal entity on whose behalf that person is accessing, using, or installing the Software Application.
Item 1: Software Application
Item 2: Licence Fee
Click here for our current licence fees to use the Software Application.
Item 3: Contact Details
Should you have any queries, please contact us at [email protected]
Item 4: Cookies
If directed to do so by the Software Application, Cookies must be enabled to use the Software Application.
Item 5: Compatible Devices
At a minimum, you must have the below supported devices and operating systems for the Software Application.
Version 4.03 and above
iPhone 5 with iOS 8.0 and above
Item 6: Minimum Browser Requirements
At a minimum, you must have the below browser versions to use the Software
Internet Explorer 9+
Item 7: Purpose
The purpose of the Software Application is to enable the efficient processing of returns and requests for credits and monitoring return and credit activity.