End User Licence Agreement
- Governing document
- The terms of this document govern the relationship between the licensee (you) and Hello Mojo Pty Ltd ACN 614 148 168 (‘Licensor’ or ‘Hello Mojo’) in respect of use of the Software and Services by you.
- Your entitlement to use the Software and Services is conditional upon you agreeing to the terms set out in this document. The Software and Services are offered for use by you on the condition that you read and accept this document and agree to be bound by its terms.
- By installing, using or accessing the Software or Services, you are considered to have accepted the terms set out in this document. If you do not accept the terms set out in this document, do not install, use or access the Software or the Services.
- Definitions and interpretation clauses
In this agreement:
means Apple Inc. of 1 Infinite Loop, Cupertino, California, USA.
means a day on which banks are open for business in Brisbane, Australia, excluding a Saturday, Sunday or public holiday in that city.
means a single device owned or controlled by you.
means the fees described in clause 6.
means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
whether or not existing at the date you agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
means the App Store operated by Apple in respect of its devices running the iOS operating system.
means parties nominated by the Licensor to receive and process payments on behalf, and may include the Providers.
means products offered by the Licensor, including software, hardware, and services, but does not include the Software or the Services.
means a third party provider that provides you with access to the Software. Examples of potential Providers include Apple and Google Inc.
means services offered by the Licensor for use in conjunction with the Software (if any).
means the software application known as the ‘Hello Mojo app’ licensed by the Licensor to which this document applies.
means an update supplied by the Licensor that replaces or supplements the original Software.
- Software licence
Subject to the terms of this document, the Licensor grants you a non-exclusive, non-transferable licence to:
- in the case of Software acquired through the iOS App Store, use the Software on any Apple-branded Device that you own or control, and permit the use of the Software on Apple-branded Devices attached to any accounts associated with you via Family Sharing or volume purchasing as permitted by the Usage Rules set forth in the iOS App Store Terms of Service (which can be viewed at http://www.apple.com/legal/itunes/au/terms.html); and
- in all other cases, use the Software on any Device that the User owns or controls.
- You must not rent, lease, lend, sell, transfer, redistribute or sublicense the Software, or (except as permitted by the iOS App Store Terms of Service) make the Software available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing the Software, any copies of the Software must be removed before doing so.
- Other than as expressly provided in this document or otherwise permitted by law, you must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, or any part thereof.
- Intellectual Property Rights
The Licensor retains all right, title and interest to all Intellectual Property Rights subsisting in the Software, any Updates, and any part thereof.
The terms of this document (as amended pursuant to clause 18.1) will govern any Updates, unless such an Update is accompanied by a separate licence supplied by the Licensor in which case the terms of that licence will govern to the extent provided for.
You acknowledge and agree that the Licensor:
- is under no obligation to provide any Updates;
- can offer optional paid Updates;
- can use Updates to add, remove, modify or otherwise alter features of the Software at its sole discretion, and that such changes will not be a breach of this document;
- can require you to install Updates to the Software in order to continue using the Services; and
- can provide Updates in such a manner that the Software is unable to be reverted to its previous state.
Subject to the terms of this document, the Licensor grants you a non-exclusive, non-transferable licence to use the Services. You must only use the Services in connection with Software offered by the Licensor.
- Your use of the Services
- Information and content may be presented via the Services from time to time including, articles, opinions, information and commentary (collectively, the Materials). Hello Mojo does not represent or warrant the accuracy of the Materials.
- In addition to Materials, users of the Services may create and/or publish information, comments, feedback, ideas, suggestions, data, works of authorship, links and other content or materials via the Service (User Generated Content).
- You may download and use User Generated Content for your own personal information and use, subject to terms of this document. You are solely responsible for User Generated Content that you create, submit, post or display via the Service.
- You may use the Services to create recordings of telephone conversations for your own personal use. It is your responsibility to ensure the making of such recordings, and your use of such recordings once made, complies with your local laws.
- The Services may be accessed from Australia and certain countries outside Australia. However, Hello Mojo does not guarantee the Software or Services comply with the laws of overseas countries. Should you access the Services from a country other than Australia, you do so at your own risk. It is your responsibility to ensure that your access and use of the Software and Services complies with the laws of the country in which you access and use the Services.
- In accordance with our legal obligation not to publish certain information about persons involved in family protection order proceedings in Australia, Hello Mojo will endeavour to review any User Generated Content before making same available via the Services. It is not, however, responsible for any breach of laws that you facilitate by publishing content that is illegal. Hello Mojo reserves the right not to publish any User Generated Content which it (in its exclusive opinion) considers illegal.
- Hello Mojo is not responsible for content deleted from the Services and will not be liable to you for the modification or loss of any User Generated Content. You agree that you will not rely on the Services for the purpose of content backup or storage. Further, you agree to back up and take additional copies of the documentation that you upload to our Services.
- We do not endorse, support or lend any credence to any Materials or User Generated Content and reliance on the Materials or User Generated Content is at your own risk.
- Your use of the Services
The Licensor can modify or cease to offer the Services, or any part thereof, at any time without prior notice to you.
You agree that you use the Services at your own risk. To the fullest extent permitted by law, the Licensor does not accept liability for any claims or losses arising directly or indirectly from:
- a failure to provide any Software or Service, or any part thereof;
- corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any Service or Software;
- any suspension or discontinuance of any Service, or any part thereof; or
- any use of the Services by other users, including any use of the Services by other users in manner which contravenes this document.
- Fees may be payable
- Hello Mojo may charge you fees for your use of the Software and Services.
- The Fees may be charged on a one-off or a recurring basis, as notified by Hello Mojo from time to time and will be payable in accordance with the payment terms notified to you by Hello Mojo.
- Variation of Fees
- Fees may be payable
The Licensor reserves the right to vary the amount of the Fees, or introduce new Fees, at its sole discretion. Such variations and new Fees will be effective from the date specified by the Licensor, but will not be retrospective.
- Payment Processors
- The Licensor may use Payment Processors to receive the Fees from you.
- The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this document.
- Payment Processors
- Hello Mojo Account
- Hello Mojo Account
- In order to use the Software and the Services, or parts thereof, you may be required to register for a Hello Mojo Account and purchase a subscription.
- You agree that you will not sell, transfer, licence or assign your Hello Mojo Account or subscription to the Services to any other person.
- Hello Mojo Account
You are responsible for protecting the confidentiality of your password. You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not access is authorised by you.
The Licensor reserves the right to terminate your account at any time if you breach the terms of this document. If your account is terminated by the Licensor, you and the must not access any other Hello Mojo Accounts or create any further Hello Mojo Accounts.
- User interaction
- The Software and/or Services may enable you to communicate with other users, or to post materials that may be made publically available.
- You acknowledge and agree that:
- any information or material submitted by you, and any users using the Software or a Service will be treated by the Licensor as non-confidential and non-proprietary and the Licensor can use such material without restriction or compensation to you or any other party;
- you grant the Licensor a perpetual, irrevocable, licence-fee free, royalty free, worldwide, non-exclusive, sub-licensable right to use any Intellectual Property and other information or material created or submitted by you using the Software and/or the Services;
- you will not use the Software or Services to create, post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, amounts to harassment or is otherwise objectionable;
- you will not use the Software or Services to post or transmit any unsolicited advertising or promotional material;
- any material that you post or transmit can be removed by the Licensor without notice at any time, for any reason including no reason;
- you will not post or transmit any material which contains viruses or other computer code, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and
- the Licensor does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users of the Software or Services, and the Licensor is not liable for any loss or damage of any kind, or any claim, resulting from any action taken or reliance made by you regarding any Intellectual Property Rights or other information or material obtained from another user and/or made available by another user.
You acknowledge and agree that:
- the Software and/or the Services may feature advertisements from the Licensor and/or third parties; and
- the Licensor is not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view such third party websites and materials at your sole risk.
- Your obligations
- Restricted parties
You warrant and represent that the following statements are true and correct:
- you are at least 18 years old;
- you are not located in a country that is subject to an embargo by the governments of either the United States of America or the Commonwealth of Australia;
- you are not located in a country that has been designated by the governments of either the United States of America or the Commonwealth of Australia as a ‘terrorist supporting’ country; and
- you are not included on any list of prohibited or restricted parties by the governments of either the United States of America or the Commonwealth of Australia.
- Third party services
- You may be required to use certain third party services (for example, a Provider’s software marketplace) in order to obtain, install, update, access, use, or continue to access or use the Software and/or Services.
- Access to the Software and/or Services, or parts thereof, may require your Device to be connected to the internet or require other third party services.
- Your use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that the Licensor is not liable for the activities of any such third parties.
- You must comply with any applicable third party terms of agreement when using the Software and/or Services. You are responsible for ensuring that your installation and use of the Software and/or Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
- The Software and Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third party content or services may be subject to separate terms and conditions.
You agree that you will not:
- attempt to disrupt the normal operation of the Software or Services, or any infrastructure operated by the Licensor or other business activities of the Licensor;
- attempt to gain unauthorised access to the Software and/or the Services;
- make any automated use of the Software and/or the Services;
- impersonate any other person in using of the Software and/or Services; or
- use the Software and/or the Services in connection with the actual or attempted contravention of any applicable laws.
- iOS App Store
If you obtained the Software from the iOS App Store, you and the Licensor acknowledge and agree that:
- this document is concluded between you and the Licensor only, and not with Apple, and the Licensor, not Apple, is solely responsible for the Software and the content thereof;
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software, either under this document or applicable law;
- the Licensor, not Apple, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to:
- product liability claims;
- any claim that the Software fails to conform to any applicable legal or regulatory requirement; or
- claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the Software of the HealthKit and/or HomeKit frameworks;
- in the event of any third party claim that the Software or possession and/or use of the Software by you infringes that third party’s Intellectual Property Rights, the Licensor, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
- Apple, and Apple’s subsidiaries, are third party beneficiaries of this document; and
- upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.
- Duration of Licence
Subject to the remainder of this clause, the licence granted to you in clauses 3.1 and 5.1 is granted in perpetuity.
This licence can be immediately terminated by the Licensor in the following circumstances:
- you are in breach of any term of this document, or threaten to breach any term of this document;
- you, being a corporation, become the subject of insolvency proceedings, or threaten to do so;
- you, being a firm or partnership, are dissolved, or threaten to be dissolved;
- you destroy the Software for any reason, or threaten to do so; or
- you so elect in writing.
Upon termination, you must destroy any remaining copies of the Software and any associated documentation or otherwise return or dispose of such material in the manner directed by Hello Mojo.
Termination pursuant to this clause will not affect any rights or remedies which the Licensor may have otherwise under this document or at law.
Nothing in this clause limits any right the Licensor may have pursuant to this document to modify the Software by way of Update, including by removing any features from the Software, or to modify or cease offering the Services or any part thereof.
- You acknowledge that the Software and Services cannot be guaranteed to be error free.
- Except as expressly provided to the contrary in this document, and to the full extent permitted by applicable law, the Licensor will not be liable to you for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of this document or arising out of the supply of defective Software or Services.
- Without limiting the preceding paragraph, to the full extent permitted by applicable law, the Licensor’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by the Licensor, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at the Licensor’s option):
- in the case of goods, including the Software (to the extent the Software is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
- in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.
- Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, the Licensor’s maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.
- If you purchased the Software from the iOS App Store, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by the Licensor in accordance with this document.
- Intellectual Property Rights
- No transfer
This document does not constitute a transfer or conveyance of any Intellectual Property Rights owned by the Licensor as at the date of this document, including but not limited to all Intellectual Property Rights associated with the Software and the Services, and its functionality, features and content, or operate as a future transfer of any Intellectual Property Rights owned by the Licensor any time thereafter.
You acknowledge that all Intellectual Property Rights in the Software, Services and Materials is owned by, or licenced to, Hello Mojo.
You will indemnify the Licensor fully against all liabilities, costs, losses, claims and expenses which the Licensor may incur to a third party as a result of your breach of any of the provisions of this document by you.
- User Generated Content
To the extent that any User Generated Content created by you gives rise to any Intellectual Property Rights, you will retain ownership of these, and are deemed to automatically grant to the Licensor a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit and modify this User Generated Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of this User Generated Content.
- Once the Licensor receives transmissions from you, it will take reasonable steps to preserve the security of such information. While the Licensor strives to protect such information, it does not warrant and cannot ensure the security of any information transmitted to it by you. Accordingly, any information transmitted to the Licensor is transmitted at the risk of the sender.
- Users must take their own precautions to ensure that the process which they employ for accessing the Software and/or the Services does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their Devices. For the removal of doubt, the Licensor does not accept responsibility for any interference or damage to Devices which arises in connection with use of the Software or the Services.
- Consent to use of data
- Disclosure of User Generated Content in court proceedings
Hello Mojo may be required by court order to disclose certain information hosted on Hello Mojo servers particularly where you disclose or upload User Generated Content that may become the subject of divorce or other court proceedings. While Hello Mojo will always take reasonable steps to ensure that your User Generated Content is secure and not disclosed to third parties, Hello Mojo cannot refuse to comply with a court order. You upload the User Generated Content solely at your own risk and acknowledge that Hello Mojo is not liable for disclosing User Generated Content that may be confidential to you if required by law.
The Licensor is not in the business of providing professional or legal advice. Accordingly, the Materials are for your information and interest only. The Materials are not intended to replace specialist advice from a qualified professional (including, without limitation, a lawyer, medical practitioner or psychologist). Should you act or rely on the Materials, you do so at your own risk.
The Licensor reserves the right to amend, revise or replace this document from time to time. Amendments, revisions and replacements will be effective immediately upon posting through the Software or at https://hellomojo.com/terms-of-use/, unless a later effective date is specified. Continued use of the Software or Services by you following such notification represents your agreement to be bound by the terms of this document as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.
- You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of the Licensor which consent can be granted or withheld in the absolute discretion of the Licensor.
- The Licensor can assign, novate or otherwise transfer any of its rights or obligations under this document at its sole discretion, without notice to you.
- An assignment in breach of clause 18.2(a) is intended by the parties to be void and of no force and effect.
- A breach of clause 18.2(a) by you entitles the Licensor to terminate this document.
- A waiver of a right, remedy or power by the Licensor must be in writing and signed by the Licensor.
- The Licensor does not waive a right, remedy or power if it delays in exercising, fails to exercise or only partially exercises that right, remedy or power.
- A waiver given by the Licensor in accordance with clause 18.3(a):
- is only effective in relation to the particular obligation or breach in respect of which it is given and is not to be construed as a waiver of that obligation or breach on any other occasion; and
- does not preclude the Licensor from enforcing or exercising any other right, remedy or power under this agreement nor is it to be construed as a waiver of any other obligation or breach.
If a provision in this document is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this document for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this document.
- Governing law and jurisdiction
- This agreement is governed by and is to be construed under the laws in force in Queensland, Australia.
- Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
- Clauses that survive termination
- The following clauses survive the termination of this document 3.2, 3.3, 5.4, 7.2, 7.3, 8, 10.3, 13, 14, 15, 16, 18.4, 18.5, and 18.6.
- Governing law and jurisdiction
In the event that you need to contact the Licensor regarding this document, the Software and/or the Services, please use the following details.
Hello Mojo Pty Ltd
Address: Level 1, 17-19 Mt Gravatt-Capalaba Road, Upper Mount Gravatt, Queensland 4122, Australia
Email: [email protected]