Terms of Use

This website and associated services are owned and operated by Mobeez Pty Ltd (ABN 27 609 847 305), its successors and assignees (we, our or us). They are available at: https://mobeez.com/ (Site) and Microsoft AppSource at https://appsource.microsoft.com/ (Services) and may be available through other addresses or channels.

These Terms of Use (Terms), govern your, the person, organisation or entity that uses our Site/Services (referred to as you or your) use of our Site/Services and form a contract between you and us if you use the Site/Services. Please read these Terms carefully. If you have any questions, please contact us using the contact details below.

Your and the Company that you work for (Your, you) use of the Site/Services indicates that you have had sufficient opportunity to access these Terms that you have read and accepted these Terms.

Information

The information, including statements, opinions and documents, contained in this Site/Services (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

Amendment

The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site/Services following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site/Services if you accept and will comply with the new Terms.

Your Warranties

You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site/Services.

License to use the Site/Services

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site/Services for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not:

Use the Site/Services for any activities, or post or transmit any material from the Site/Services:

unless you hold all necessary rights, licences and consents to do so;

that infringes the intellectual property or other rights of any person;
that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
that defames, harasses, threatens, menaces, offends or restricts any person;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
that would bring us, or the Site/Services, into disrepute;
Interfere with or inhibit any user from using the Site/Services;
Use the Site/Services to send unsolicited email messages;
Attempt to or tamper with, hinder or modify the Site/Services, knowingly transmit viruses or other disabling features,
or damage or interfere with the Site/Services, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site/Services; or
Facilitate or assist another person to do any of the above acts.

Site and Services - Service Level Terms

Subject to the terms of this Agreement, we will use commercially reasonable efforts to provide you with access to the Site and Services through a registration process. As part of the registration process, you will identify an account holder who we will provide administrative access for your account. We reserve the right to refuse registration of, or cancel passwords we deem inappropriate. Subject to the terms hereof, we will provide you with reasonable technical support in accordance with our standard practice.

We will provide Technical Support to You via email on weekdays during the hours of 9:00 am through 5:00 pm Brisbane time, with the exclusion of Australian Government and Queensland Holidays (“Support Hours”).
You may initiate a helpdesk ticket during Support Hours by emailing Us. We will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

Restrictions and Responsibilities

You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorised within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to you for use on approved applications, we hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.

You represents, covenants, and warrants that You will use the Services only in compliance with Our standard Terms and all applicable laws and regulations. You hereby agree to indemnify and hold harmless Us against any damages, losses, liabilities, settlements and expenses (including without limitation costs and lawyer's/attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Your use of Services. Although We has no obligation to monitor Your use of the Services, We may do so and may prohibit any use of the Services we believe may be (or alleged to be) in violation of the foregoing.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Your account or the Equipment with or without Your knowledge or consent.

Our Site/Services contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site/Services. We own the copyright which subsists in all creative and literary works displayed on the Site/Services.

You agree that, as between you and us, we own all intellectual property rights in the Site/Services, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site/Services does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site/Services without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site/Services. This includes but is not limited to:

altering or modifying any of the code or the material on the Site/Services;

causing any of the material on the Site/Services to be framed or embedded in another website;

creating derivative works from the content of the Site/Services; or

using the Site/Services for commercial purposes.

Republishing

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site/Services on the following grounds:

you must make no alterations to the material;

you must attribute the material to our Site/Services, including linking back to our Site/Services where possible; and you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site/Services, into disrepute.

Privacy

We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site/Services. By agreeing to these Terms, you agree to accept our Privacy Policy.

Your content

If you choose to add any content on the Site/Services, you:

warrant to us that you have all necessary rights to post the content;

grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and

you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

Third party information

The Site/Services may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

Third party links and websites

This Site/Services may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites/Services, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

Reservation of rights

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

Delays and outages

We are not responsible for any delays or interruptions to the Site/Services. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site/Services will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site/Services in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site/Services.

Limitations of liability

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site/Services. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Our prior written consent. We may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Us in any respect whatsoever.

Disclaimer

The Site/Services is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site/Services or your access to the Site/Services will be error free, that any defects will be corrected, that the Site/Services or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site/Services will operate on a continuous basis or be available at any time. While we endeavour to keep the Site/Services and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about: the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site/Services for any purpose;

We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions to the Site/Services and shall perform any Implementation Services in a professional manner. The Site/Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond Our reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, We do not warrant that the Site/Services will be uninterrupted or error free; nor do we make any warranty as to
the results that may be obtained from use of the Services. The Site/Services and Implementation Services are provided "As Is" and We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Third Party Information; or Third Party Sites

You read, use, and act on information contained on the Site/Services, Third Party Information and/or Third Party Sites, strictly at your own risk.

Indemnity

By using the Site/Services, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

your use of or access to the Site/Services;
any breach by you of these Terms; or
any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site/Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Breach

You may only use the Site/Services for lawful purposes and in a manner consistent with the nature and purpose of the Site/Services. By using the Site/Services, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site/Services. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site/Services and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

Exclusion of competitors

You are prohibited from using the Site/Services, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site/Services and Information, in our sole discretion.

Enforce-ability

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

Further assurances

Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

Payment of Fees

You will pay Us the then applicable fees described in the Order Form for the Services in accordance with the terms therein (the “Fees”). If Your use of the Site/Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), You shall be billed for such usage and You agree to pay the additional fees in the manner provided herein. We reserve the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or the current renewal term, upon thirty (30) days prior notice to You (which may be sent by email). If You believes that We has billed You incorrectly, You must contact Us no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Our Helpdesk. We may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Us, thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. You shall be responsible for all relevant taxes associated with Services.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

Confidentiality, Proprietary Rights

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Ours includes non-public information regarding features, functionality and performance of the Site/Service. Proprietary Information of Yours includes non-public data provided by You to Us to enable the provision of the Site/Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Site/Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
You shall own all right, title and interest in and to Your Data. We shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

Notwithstanding anything to the contrary, We shall have the right collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Your Data and data derived therefrom), and We will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

Disputes

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

A party shall submit a dispute to mediation by written notice to the other party or parties. The mediator shall be selected by the parties. If the parties cannot agree on a mediator, the WA Law Society must be requested to recommend a mediator who is a Recognised Mediation Accreditation Body (RMAB) under the National Mediator Accreditation System (NMAS). The recommended mediator must be acceptable to all parties and must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or substantial equity owner of any MOBEEZ client. The mediator shall conduct the mediation as he/she determines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed. Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. If the parties have not resolved a dispute within 90 days after written notice beginning mediation (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate and the dispute shall be settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and may proceed with arbitration.

Arbitration

The arbitration will be conducted in accordance with the procedures in this document and the WA Law Society, Alternative Dispute Resolution (ADR) Committee's Model Mediation Rules as in effect on the date of the Agreement, or such other rules and procedures as the parties may agree. In the event of a conflict, the provisions of this document will control. The arbitration will be conducted before a single arbitrator, to be selected in accordance with the screened selection process provided in the Rules. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforce-ability of any of these procedures, shall be governed by the Federal Arbitration Act and resolved by the arbitrator. No potential arbitrator may be appointed unless he or she has agreed in writing to these procedures and has confirmed in writing that he or she is not, and will not become during the term of the arbitration, an employee, partner, executive officer, director, or substantial equity owner of any MOBEEZ client. Each party shall bear their own costs in the arbitration, and shall evenly split the fees associated with the arbitrator. The arbitrator shall have no power to award non-monetary or equitable relief of any sort or to make an award or impose a remedy that (i) is inconsistent with the agreement to which these procedures are attached or any other agreement relevant to the dispute, or (ii) could not be made or imposed by a court deciding the matter in the same jurisdiction. In deciding the dispute, the arbitrator shall apply the limitations period that would be applied by a court deciding the matter in the same jurisdiction, and shall have no power to decide the dispute in any manner not consistent with such limitations period. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorised by the arbitrator upon a showing of substantial need by the party seeking discovery.

All aspects of the arbitration shall be treated as confidential. The parties and the arbitrator may disclose the existence, content or results of the arbitration only in accordance with the Rules or applicable professional standards. Before making any such disclosure, a party shall give written notice to all other parties and shall afford them a reasonable opportunity to protect their interests, except to the extent such disclosure is necessary to comply with applicable law, regulatory requirements or professional standards. The result of the arbitration shall be binding on the parties, and judgement on the arbitration award may be entered in any court having jurisdiction.

Jurisdiction

Your use of the Site/Services and any dispute arising out of your use of it is subject to the laws of Western Australia and the Commonwealth of Australia. These Terms are governed by the laws of Western Australia and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Western Australia. The Site/Services may be accessed throughout Australia and overseas. We make no representation that the Site/Services complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site/Services from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

For any questions or notice, please contact our Privacy Officer at:

Mobeez Pty Ltd (ABN 27 609 847 305) 45 St Georges Terrace Perth WA 6000
Email: hello@mobeez.com Last update: 15 September 2022

Mobeez Pty Ltd owns the copyright in this document and use without permission is prohibited.