This Mobile Application (App) is operated by Smartlox Pty Ltd, ABN 74 657 862 318 (we, our or us). It is available at: www.smartlox.com.au and may be available through other addresses or channels.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our App. We recommend you check our App regularly to ensure you are aware of our current terms. Materials and information on this App (Content) are subject to change without notice. We do not undertake to keep our App up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our App:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our App in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our App; which we would consider inappropriate; or which might bring us or our App into disrepute, including (without limitation):
Exclusion of competitors:
You are prohibited from using our App, including the Content, in any way that competes with our business.
Our App is for use in conjunction with our supplied hardware. You must not use our App, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own webApp or any other platform, without obtaining a licence to do so from us.
The Content is not comprehensive and is for general use only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights:
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our App and all of the Content. Your use of our App and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our App or the Content. You must not:
Third party Content:
Our App may contain links to websites or Apps operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, that content on those websites and Apps. You should make your own investigations with respect to the suitability of those websites and Apps.
We may, at any time and without notice to you, discontinue our App, in whole or in part. We may also exclude any person from using our App, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers:
To the maximum extent permitted by law, we make no representations or warranties about our App or the Content, including (without limitation) that:
You read, use and act on our App and the Content at your own risk.
Limitation of liability:
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our App and/or the Content and/or any inaccessibility of, interruption to or outage of our App and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our App or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
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 these Terms will survive.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our App and these Terms are governed by the laws of Australian Capital Territory, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Australian Capital Territory, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Smartlox Pty Ltd, 74 657 862 318.
Last update: August 30, 2022