MobilityDesk User Terms

1. OUTLINE

1.1. These Terms govern your use of and access to the Software.

1.2. By using the Software, you agree to be bound by these Terms. If you do not agree with any of these Terms, you may not use the Software.

1.3. MobilityDesk may amend these Terms at any time at MobilityDesk’ sole discretion by posting new Terms on the Software. The new Terms will, from the date of posting, apply to your use of and access to the Software through your acceptance of them by subsequent or continued use of the Software.

1.4. It is your responsibility to check these Terms periodically for changes. If you object to any variation to these Terms, your only remedy is to immediately discontinue your use of the Software.

1.5. By using the Software, you affirm that you:

1.5.1. are 18 years or over or otherwise possess legal parental or guardian consent; and

1.5.2. have obtained the consent of the payment method provider for the purchase of our Services or any Third Party Features (where applicable).

1.6. As long as you comply with these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, limited right to enter and use the Software.

1.7. These Terms were last updated in August 2023.

2. PRIVACY

2.1. Our Privacy Policy can be found on the Software and applies to your use of the Software and our Services.

2.2. The Privacy Policy may be changed from time to time and is effective immediately upon posting such changes on the Software.

2.3. You acknowledge that you accept the terms in our Privacy Policy.

3. SOFTWARE CONTENT AND ACCESS

3.1. We do not warrant the accuracy, reliability, adequacy or completeness of any of the Content.

3.2. You acknowledge and accept that the Content may include technical inaccuracies and typographical errors.

3.3. To the extent permitted by law, MobilityDesk disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Software and its Content.

3.4. Your access to the Software may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control or simply because we wish to do so.

3.5. Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue the Software, functionality, feature or service (or part thereof) on the Software at any time.

4. REGISTRATION OF USERS

4.1. To access or use certain parts of the Software as a User, you may be required to register and open an account (including setting up an identification name (ID) and password) and agree to certain additional terms and conditions.

4.2. When registering as a User of the Software, you must:

4.2.1. provide us with accurate, complete and up-to-date registration information, as requested;

4.2.2. provide us with a form of identification to verify your identity, as requested; and

1.2.3. inform us of any changes to your registration information.

4.3. When registering as a User on the Software, you must not:

4.3.1. register as a user multiple times; or

4.3.2. impersonate or create a user registration for any person other than yourself.

4.4. As a registered User on the Software, you must:

4.4.1. ensure the security and confidentiality of your User registration details, including any username and/or password assigned to you;

4.4.2. notify us immediately if you become aware of any unauthorised use of your User details; and

4.4.3. not permit your User details to be used by or transferred to any other person.

4.5. You are entirely responsible for all and any activities which occur under your User details as a result of your failing to keep your information secure and confidential (including unauthorised use of your credit card or other payment details, if applicable).

4.6. We reserve the right to, in our sole discretion, suspend or terminate your use or access to all or any part of the Software, including if we believe you are abusing the use of the Software in any way, have breached these Terms or are no longer an active user of the Software.

4.7. If we suspend or terminate your use or access to all or any part of the Software, we may, without limitation:

4.7.1. delete and/or remove or prevent further access to any or all of your Material; and

4.7.2. refuse to allow you future access to the Software or use of our Services.

5. REGISTRATION OF SERVICE PROVIDERS

5.1. This clause 5 will only apply if you are accessing or using the Software as or on behalf of a Service Provider.

5.2. You or an administrator may be required to register and associate your User account with the account of the Service Provider (including verifying your identity and setting up a password) and agree to terms and conditions.

5.3. When registering on behalf of a Service Provider on the Software, you must not:

5.3.1. register on behalf of the same Service Provider multiple times; or

5.3.2. impersonate or create a User registration for any person other than the Service Provider.

5.4. As a User registered in connection with a Service Provider on the Software, you must:

5.4.1. ensure the security and confidentiality of the Service Provider’s registration details, including any username and/or password assigned to you on behalf of the Service Provider;

5.4.2. notify us immediately if you become aware of any unauthorised use of the Service Provider’s user details; and

5.4.3. not permit the Service Provider’s user details to be used by or transferred to any other person.

6. USE OF THE SOFTWARE

6.1. Some of the essential features of the Software require the use of “location-based” services and technology. Your use of the Software is your acknowledgement that that the location tracking features of your mobile device must be enabled at all times when you are using the Software. We expressly disclaim any liability for the failure of the Software to perform as intended if such location tracking features have been disabled or fail to properly function on your mobile device.

6.2. You must not:

6.2.1. use the Software in breach of any applicable laws or regulations;

6.2.2. use the Software (or Content obtained from the Software):

(a) to transmit (or authorise the transmission of) "junk mail", unsolicited emails, instant messaging, "spimming," or "spamming";

(b) to impersonate any person or entity;

(d) to harm, abuse, harass, stalk, threaten or otherwise offend others; or

(e) for any unlawful purpose;

6.2.3. use the Software to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

(a) which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

(b) contains, promotes, or provides information about unlawful activities or conduct;

(c) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(d) exploits another person in any manner;

(e) includes an image or personal information of another person or persons unless you have their consent;

(f) poses or creates a privacy or security risk to any person;

(g) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

(h) contains large amounts of untargeted, unwanted or repetitive content;

(i) contains restricted or password only access pages, or hidden content;

(j) contains Viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or

(k) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us, including under a Service Provider Agreement);

6.2.4. interfere with, disrupt, or create an undue burden on the Software or any systems, or networks connected to the Software;

6.2.5. use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Software;

6.2.6. use the Software with the assistance of any automated scripting tool or software;

6.2.7. frame or mirror any part of the Software without our prior written authorisation;

6.2.8. use code or other devices containing any reference to the Software to direct other persons to any other web page;

6.2.9. attempt to gain unauthorised access to any portion or feature of the Software, or any other systems or networks connected to the Software or to any of our servers, or to any of the Services offered on or through the Software, by hacking, password mining or any other illegitimate means;

6.2.10. probe, scan or test the vulnerability of the Software or any network connected to the Software, nor breach the security or authentication measures on the Software or any network connected to the Software;

6.2.11. reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Software to its source, or exploit the Software or any service or information made available of offered through the Software, in any way where the purpose is to reveal any information, as provided for by the Software;

6.2.12. use any device, software or routine to interfere or attempt to interfere with the proper working of the Software or any transaction being conducted on the Software or with any other person’s use of the Software;

6.2.13. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Software or cause any other person to do so; or

6.2.14. delete any attributions or legal or proprietary notices on the Software.

6.3. You must, immediately upon our request or as we direct, remove, take down, modify and/or remedy and reference, post, share or upload you make on any other social media or internet-based Software that contains any Content in connection with the Software or the Services.

7. USE AS A SERVICE PROVIDER

7.1. This clause 7 will only apply if you are accessing or using the Software as or on behalf of a Service Provider.

7.2. You must, and must ensure that the Service Provider on whose behalf you are accessing the Software:

7.2.1. only market, advertise or offer services on the Software that are Approved Services;

7.2.2. inform any User seeking to procure the Service Provider’s services that the Service Provider is not a related entity of NothingSoftware prior to provision of the Approved Services;

7.2.3. inform the Client that the Approved Services are subject to the terms and conditions of supply between the Service Provider and the Client and require that the Client accept those terms before providing the Approved Services;

7.2.4. not hold the Service Provider out as having authority, or do any act that might reasonably create the impression that it has authority, to bind NothingSoftware in any way;

7.2.5.not do or allow anything to be done that might affect the goodwill in the Software or otherwise bring NothingSoftware or its business in to disrepute;

7.2.6.perform the Approved Services with due care and skill;

7.2.7. not make or give any representations, warranties or other promises to a User regarding NothingSoftware or the Software;

7.2.8. not make any commitments or incur any liability for or on behalf of NothingSoftware;

7.2.9. not produce any promotional material for NothingSoftware or in relation to the Software; and

7.2.10. not use NothingSoftware’s name, logo or trade marks.

8. AUTHORITY TO REPRODUCE

8.1. Except as expressly provided otherwise in these Terms, you do not have any right, title or interest in or right of use of any Content on the Software.

8.2. Except as expressly provided in these Terms, no part of the Software or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.

8.3. You may use information on our Services made available by us for downloading from the Software, provided that you:

8.3.1. do not remove any proprietary notice in copies of such documents (if applicable);

8.3.2. use such information only for your personal, non-commercial, informational purposes, other than to the extent necessary for the provision of services by a Service Provider;

8.3.3. do not copy or post such information on any networked computer, online location or broadcast it in any media; and

make no modifications to any such information

9. MATERIAL OF THE USER

9.1. By uploading, transmitting, posting or otherwise making available any Material via the Software (where permitted), you:

9.1.1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, download, transfer, reproduce, edit and exploit the Material to allow us to perform the Services;

9.1.2. warrant to us that you have the right to grant the above-mentioned licence;

9.1.3. warrant to us that the Material does not breach these Terms; and

9.1.4. unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the Material.

9.2. We reserve the right (but have no obligation) to:

9.2.1. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

9.2.2.monitor use of the Software, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.

9.3. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Software by any person other than us.

9.4. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Software simply by facilitating others to post, transmit or make Material available, nor do we endorse any opinion, advice or statement made by any person other than us.

10. THIRD PARTY FEATURES + ADVERTISING

10.1. MobilityDesk may feature or display links and pointers to websites, content and references owned and/or operated by third parties (Third Party Features). MobilityDesk cannot control the contents of Third Party Features, and makes no warranty about the completeness, timeliness, suitability, accuracy or subject matter of the material located on Third Party Features. We do not accept any responsibility in connection with any such Third Party Features. If you engage with any such Third Party Features, you do so entirely at your own risk.

10.2. If you contact a person using functionality provided on the Software, we do not accept any responsibility for any communications or transactions between you and the relevant person.

10.3. The provision of services by the Service Provider to you via the Software will be based solely on the applicable terms and conditions agreed between you and the Service Provider. Without limiting clause 12 but subject to applicable laws, NothingSoftware expressly excludes and disclaims any responsibility or liability for the quality or standard of the services provided by a Service Provider or any acts of the Service Provider in connection with the Software or the Services.

10.4. The payment gateways integrated into the purchase process made available through the Software are maintained or developed by third party service providers and are not maintained or developed by us. Your use of such services is subject to the terms and conditions of use maintained by such third parties and we are not responsible to you for your use of their payment gateway services. You acknowledge that we have no responsibility for and are liable in relation to any information provided to or via the payment gateway.

10.5. You must not link to the Software from any other website (or otherwise authorise any other person to link from a third party website to the Software) without our prior written consent.

10.6. The Software may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or

10.7. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the Privacy Policy.

MobilityDesk User Terms

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