Last
modified: July 7, 2017
THESE
TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE MAINPAC®MOBILITYSM FFM
APP
IT IS
IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS AS BY
DOWNLOADING THE APP YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN DO NOT DOWNLOAD THE APP
This App
is run for Mainpac Pty Ltd Suite 213, Level 2, 29-31 Lexington Drive, Bella
Vista NSW 2153 Australia, registered with ASIC under the Companies Registration
(Mainpac) and references to “we”, “us”, “our” are references to Mainpac.
1. Availability and registration
We have made this MAINPAC®MOBILITYSM FFM
APP (the App) available to you for your own personal
use only and only for the purposes of facilitating your use of the MAINPAC®MOBILITYSM SERVICE
(the Service). The App is currently only available for use by
customers of the Service.
You will not be able to use the
App until you have registered to use the Service with a Mainpac® Agent
and then been sent a code by SMS or email which allows you to activate the App.
We can refuse to register you for the Service and refuse to allow you to use
and/or restrict your use of the App at any time.
2. Applicable terms
Your use of the Service is governed by the
terms and conditions at Weblink (the Service
T&Cs). These App Terms and Conditions (the App T&Cs)
supplement and amend the Service T&Cs in respect of your use of the App. By
downloading the App you agree to comply with each of the Service T&Cs and
the App T&Cs.
We reserve the right to modify
these App T&Cs as required. If these App T&Cs are modified, we will
post a clear, easily accessible modification notification on the App. If you
continue using the App, you will be bound by any or all modifications made to
it.
3. Charges
You may be charged by your
service provider for downloading and/or accessing the App on your mobile phone,
tablet or other handheld device (the Device). These may include
data roaming charges if you do this outside your home territory. All these
charges are solely your responsibility. If you do not pay the bills for your
Device then we assume that you have the permission from the person that does
before incurring any of these charges. We will not charge a separate fee for
accessing the App, but you may be charged fees for using the Service. These
fees will be as set out in the Service T&Cs.
4. Minimum system requirements
The App will only work on
compatible Devices and operating systems and certain functionality will only
work if your Device is connected to the internet. Some features may also only
be available with certain operating systems.
5. Use of your personal
information
Your personal information is
processed under applicable law and controlled by Mainpac. Details of the
information we collect and how we use it, including where this is shared with
third parties and/or processed outside the EEA, is as set out in the Service
T&Cs.
Through your use of the App we
also collect and use touch ID, store your username, language selection, country
selection and location data and our use of this personal information is subject
to your opt-in choice and the applicable provisions in the Service T&Cs.
Certain functionality of the App
may need to access your Device and information stored on it so that it works
properly. By using the App you consent to this.
6. Your use of the App
You must comply with these App
T&Cs as these apply to your use of the App and the Service T&Cs apply
to your use of the Service that you access and use through the App. Any
violation of these App T&Cs or the Service T&Cs may result in the
termination of your access to the App and/or the Service.
The may only use the App for your
own personal use and not in connection with any commercial endeavours. You must
not send it to anyone else or copy or modify any part of it in any way.
You must not attempt to extract
any source code from the App, disassemble it or make any derivative versions,
or attempt to interrupt or decipher the transmissions between the App and our
systems.
You must not use the App for any
of the following purposes:
(a) anything unlawful or illegal
or which is fraudulent or malicious or which promotes any criminal activity or
provides information about the same;
(b) anything which is defamatory,
harassing or threatening or which otherwise infringes or violates the rights of
others. This includes any information that you may add or upload to the App;
(c) interfering in any way with
any other user of the App; and/or
(d) knowingly introducing viruses
or other malicious or harmful material or using it in
connection with unsolicited communications.
You must not use the App in a way
that may damage or impair the App, the Service or our underlying systems and
security.
As the App handles personal and
sensitive information, security is of paramount importance. You must keep your
Device secure and properly close the App after each use. You must ensure that any
security details and all other information that you provide to us via the App
or otherwise is complete, accurate and up to date.
7. Intellectual property rights
The App and all copyright,
database rights, trade marks and other intellectual property rights related to
it belong to us or our licensors.
8. Our responsibilities to you
While we will endeavour to ensure
that the App is normally available 24 hours a day, we shall not be liable if
for any reason the App is not available at any time or for any period. Access
to the App may be suspended temporarily from time to time and without notice in
the case of system failure, maintenance or repair or for any reason beyond our
control or if we deem it necessary. For the avoidance of doubt, we shall
not be liable for any loss or liability which may be suffered or incurred by
you as a result of any suspension of, or interruption to, the operation of the
App.
The App, including all content on
or available through the App, is provided on an ‘as is’ basis and we do not
make any representation or give any warranty in respect of the App or any of
its content. In particular, but without limitation, we do not give any
warranty as to the accuracy, suitability, reliability, completeness,
performance, fitness, freedom from viruses or timeliness of the content
contained on the App. The content of the App is not intended as advice
and should not be relied upon.
We do not accept any
responsibility to you for:
(a) malfunctions in
communications facilities which cannot reasonably be
considered to be under our control and that may affect the accuracy or
timeliness of messages you send or the material you access via the App;
(b) any losses or delays in
transmission of messages or material you access arising out of the use of any
Internet access service provider or mobile network service provider or caused
by any browser or other software which is not under our control;
(c) viruses that may infect your
computer equipment or other property on account of
your access to or use of the App or your accessing any materials on the App;
(d) any unauthorised use or
interception of any message or information before it reaches the App or our
servers from the App;
(e) any unauthorised use of or
access to data relating to you or your transactions which is held by us (unless
such use or access is caused by our negligence, fraud or failure to comply with
laws relating to the protection of your data), to the extent permitted by local
law;
(f) any content provided by third
parties.
9. Limitations of liability
There are provisions on liability
in the Service T&Cs that also apply in connection with these App T&Cs
and your use of the App.
In addition, we and our group
companies and our and their officers, directors, employees, shareholders or
agents, exclude all liability and responsibility for any amount or kind of loss
or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts, use of money, or loss
or damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or
otherwise) in any way or in connection with:
(a) the App and your use, delay in use or inability to use the App or
if it does not work as you expect or would like or if it contains any defects
or errors and whether or not we correct any of those defects or errors;
(b) your access to and use of any
material on the App or material linked to or referred to on the App; and/or
(c) any loss or damage to your
Device or any other hardware or software you use in
connection with the App, including in connection with any viruses that
may affect the same on account of your downloading and use of the App.
You acknowledge that use of the
App is dependent on third parties, including your own network providers, and
that we are not liable for any acts or omissions of those third parties.
If we or any of our group
companies or our or their officers, directors, employees, shareholders or
agents do have any liability to you for any kind of loss or damage for any
reason under or in connection with these App T&Cs and/or the Service
T&Cs, you agree that you shall not recover more than once for that same
loss and/or damage regardless of whether your claim(s) are made under or in
connection with any or both of these App T&Cs and/or the Service T&Cs.
Nothing in these App T&Cs
shall exclude any party’s liability for: (a) death or personal injury arising
through negligence; (b) fraudulent misrepresentation; and/or (c) anything else
that cannot be excluded or limited by us under any applicable law.
You shall indemnify us (and you
shall keep us indemnified) and hold us and our directors, employees, agents and
representatives harmless against any claim, loss, expense, liability or damages
suffered by us resulting from your breach of these App T&Cs.
10. Termination and suspension
We may terminate or suspend your
use of the App with or without notice at any time and without any liability to
you. Upon any termination your right to use the App, and any other rights or
permissions granted to you in these App T&Cs, will end and you must stop
using the App and delete it from your Device.
11. Law and jurisdiction
These App T&Cs and any dispute
or claim arising out of or in connection with them or their subject matter
(including any non-contractual disputes or claims) will be governed by the law
of Australia and the parties agree that the courts of NSW, Australia will have
exclusive jurisdiction to settle any such disputes or claims