End User Licence Agreement

Web Mobile Technology

This End User Licence Agreement (referred to as "Licence Agreement") applies to every customer who uses Web Mobile Technology Pty Ltd's information, documentation, software and/or any other goods and/or services that Web Mobile Technology Pty Ltd provides (referred to as “Services”). As a customer, please read through this Licence Agreement carefully.

By utilising Web Mobile Technology Pty Ltd's Services you agree to comply with this Licence Agreement. This Licence Agreement governs the relationship between Web Mobile Technology Pty Ltd and you as our customer in connection with your use of Web Mobile Technology Pty Ltd's website and Services.

By utilising Web Mobile Technology Pty Ltd's Services, you warrant that you have had the chance to access this Licence Agreement and contact Web Mobile Technology Pty Ltd and that you have read, and agree to our Licence Agreement. If you do not agree with this Licence Agreement, you must not make use of this website and/or the Services.

Relationship

Web Mobile Technology Pty Ltd operates this website and owns the information, documentation, software and intellectual property accessible through this website. By accessing this website, purchasing goods and/or services, including software on it and/or utilising any of the Services, you agree that you are entering into a commercially binding agreement with Web Mobile Technology Pty Ltd.

Pricing & Payment

Our customers may purchase software from our website or from the Web Mobile Technology Pty Ltd team directly ("Software") based on the selection of a subscription to an individual product ("Subscription"), or particular Software.

If you decide to purchase any particular Software, then the price you will pay will be displayed once you have read thru and selected the particular Software. If you decide to purchase a Subscription, then on a periodic basis, you agree that you have entered into a subscription contract with Web Mobile Technology Pty Ltd.

A legally binding and enforceable contract is established upon you agreeing to this Licence Agreement and paying the relevant price for the particular Software or Subscription to Web Mobile Technology Pty Ltd.

Unless and until you cancel your Subscription before a renewal date, your Subscription will automatically roll over. You authorise Web Mobile Technology Pty Ltd to collect the applicable subscription fee by means of any valid payment method you have authorised Web Mobile Technology Pty Ltd to undertake. Unless otherwise stated, all prices appearing on this website are in Australian and US dollars and are exclusive of taxes.

You acknowledge and agree that if Web Mobile Technology Pty Ltd is unable to collect the applicable subscription fee by means of any valid payment method you have authorised Web Mobile Technology Pty Ltd to undertake, Web Mobile Technology Pty Ltd may stop providing Services to you. In its absolute discretion Web Mobile Technology Pty Ltd's payment methods may be amended from time to time.

You acknowledge and agree that performance of the Software may be affected by factors outside of Web Mobile Technology Pty Ltd's control, such as your own hardware and/or other software on your computer.

Permitted Use

You acknowledge and agree that:

(a) You are only permitted to use the Software in the manner set out in this Licence Agreement; and

(b) All intellectual property rights subsisting in the Software and Services either belong to or has been licensed to Web Mobile Technology Pty Ltd, and Web Mobile Technology Pty Ltd makes the Software and Services available to you under licence as set out in this Licence Agreement. Intellectual property rights include any and all intellectual property rights worldwide and includes copyright, registered and unregistered trademarks, patents and designs (whether or not registered or registrable), circuit layouts, know-how, business names, or internet domain names.

Upon purchasing a Suite or Subscription, you will be permitted to download, save and use the Software for your business use.

You acknowledge and agree not to:

(a) Use this website and/or the Services for any unauthorised or illegal purposes, which may otherwise constitute a criminal offence and/or give rise to a legal claim for losses and/or damages;

(b) Re-sell any Software you have gained access to on this website, which includes any Suite or Subscription;

(c) Re-sell or attempt to take advantage on a commercial basis any of the content available on this website; or

(d) Introduce any malicious form of software into this website and/or the Services.

Under no circumstances are you permitted to copy, reproduce, transmit or use the Software in order to re-sell them whether in its original format or altered in any way.

Restricting & Terminating Access

Web Mobile Technology Pty Ltd reserves its right to restrict or terminate your access to this website and/or any of the Services at any time and without any notice.

Cancellation

Should you materially breach this Licence Agreement, Web Mobile Technology Pty Ltd reserves its right to block you from this website and/or cancel your Subscription. If so, Web Mobile Technology Pty Ltd is under no obligation to provide any refund to you.

Dispute Resolution

Web Mobile Technology Pty Ltd seeks to resolve any disputes you may have quickly and effectively.

Should there be a dispute regarding this Licence Agreement, you and Web Mobile Technology Pty Ltd agree to the following dispute resolution procedure:

(a) The complainant must provide a written notice to the respondent in relation to the nature of the dispute, the relevant outcome the complainant is seeking and what particular course of action the complainant believes will resolve the dispute. You and Web Mobile Technology Pty Ltd agree to use your best endeavours in good faith to try and resolve the dispute by agreement.

(b) If you and Web Mobile Technology Pty Ltd cannot reach agreement on how to resolve the dispute, either you or Web Mobile Technology Pty Ltd may request a mediation to settle the dispute. If you and Web Mobile Technology Pty Ltd cannot agree on a particular mediator, then the complainant will ask the Law Institute of Victoria to appoint the mediator. The time and location for the mediation will be decided upon by the mediator. You and Web Mobile Technology Pty Ltd agree to attend the mediation to seek to resolve the dispute in good faith.

Any attempts by you or Web Mobile Technology Pty Ltd to resolve the dispute in respect of this clause are without prejudice to each other's rights by law and in equity.

Limitations of Liability

The information contained in this website is for general information purposes only. Any reliance you may have on such information and any use of the Software on this website or the Services is at your own risk. If you do not agree with any part of this website, the Services or this Licence Agreement, you should contact Web Mobile Technology Pty Ltd within 24 (twenty-four) hours and stop using the Services.

You acknowledge and agree that the information and Software may contain error. Web Mobile Technology Pty Ltd expressly excludes any liability for any such error to the maximum extent permitted by law. You acknowledge and agree that you are solely responsible for ensuring that any information or the Services accessible from this website is suitable for your needs.

Web Mobile Technology Pty Ltd provides no warranty, guarantee, indemnity or representation as to the completeness, accuracy, timeliness, performance or suitability of the information or Software available from this website for any particular purpose, or that the Software or website are without viruses. Web Mobile Technology Pty Ltd excludes all conditions and warranties implied by any relevant industry standards, law or statute, except for your statutory rights. Except for your statutory rights, all material and work is provided to you without warranties of any kind, either express or implied and Web Mobile Technology Pty Ltd expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Despite the above, Services by Web Mobile Technology Pty Ltd come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to repair or replacement if the material and work fails to be of acceptable quality and the failure does not amount to a major failure.

To the maximum extent permitted by law, Web Mobile Technology Pty Ltd excludes all express or implied warranties, guarantees, representations and terms relating to the information, Services and this Licence Agreement, except as set out in this Licence Agreement. To the maximum extent permitted by law, you agree and acknowledge that Web Mobile Technology Pty Ltd will not be responsible or liable for any direct or indirect loss, damage, expense or cost caused to or incurred by any customer who used the information, this website or the Services, including damages for loss of use, due to the performance of this website or the Services. This clause survives termination of this Licence Agreement.

Indemnity

You acknowledge and agree that you are liable for and will indemnify and hold Web Mobile Technology Pty Ltd harmless from and against any legal liability, action and/or expenses, including but not limited to any litigation costs and legal costs, directly or indirectly resulting from:

(i) Any information that is incomplete, inaccurate, not up to date, misleading or is a misrepresentation;

(ii) Any breach of this Licence Agreement; and

(iii) Any misuse of the website, Software or Services

from or by you, your agents, employees or contractors.

You agree to cooperate with Web Mobile Technology Pty Ltd in dealing with any complaints, investigations and disputes that arise from your use of the Services, which obligation survives termination of this Licence Agreement.

Amendments

Web Mobile Technology Pty Ltd reserves the right to amend in any way it deems fit and without any notice to you the Software, and this Licence Agreement through which the Services are provided, including the costs associated with the use of this website and the Services. You acknowledge and agree that by deciding to continue to use this website and the Services subsequent to the date of any such amendment that you are agreeing to all such amendments.

General

Web Mobile Technology Pty Ltd agrees to fully comply with Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Web Mobile Technology Pty Ltd's Privacy Policy sets out the manner in which Web Mobile Technology Pty Ltd deals with our customers' personal information.

You agree to provide us with consent that is irrevocable for disclosing, advertising or making known publicly that Web Mobile Technology Pty Ltd has undertaken work for you.

You acknowledge and agree that Web Mobile Technology Pty Ltd is able to send and receive emails from you.

This Licence Agreement is not intended to create a relationship between you and Web Mobile Technology Pty Ltd of any partnership, joint venture or employment.

Any invalid or unenforceable provisions in this Licence Agreement will be severed to the extent necessary to allow the remaining provisions of this Licence Agreement to remain valid and enforceable.

This Licence Agreement is governed by the laws of Victoria. You and Web Mobile Technology Pty Ltd irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State.

Contact Us

Web Mobile Technology Pty Ltd
25 Canterbury Road, Braeside, Victoria, 3195, Australia
Telephone: +61 3 9013 6033

Last Updated: 3 November 2017

Please contact the Web Mobile Technology Team with any questions Contact