By downloading, installing or using our Univox mobile application or any portion thereof, (“Application”) you will be deemed to have accepted and be bound by this End User Licence Agreement.

1.     Licence

We grant to you a royalty free, non-exclusive and non-transferable licence to use our Univox mobile application (“Application”) for your own personal use on a compatible mobile telephone, tablet or other compatible digital device in accordance with these terms and conditions:

  1. you require an active Univox plan subscription with us to access and operate the Application;
  2. the Application allows the User to access and modify certain features and functions of the Service which includes; the ability to forward calls, access voicemail messages, change time of day settings, and modify a User’s details;
  3. we reserve the right to add additional functionality to the Application which will be deemed to form part of the Application. This licence will continue to apply in all respects to the Service and the updated Application;
  4. this licence relates to the access and use of the Service and the Application on a royalty free basis. The use of any paid services associated with the Application may also attract additional terms and conditions;
  5. you acknowledge that the Application may be supplied or used in conjunction with hardware, software and other services supplied by other parties. We shall not be liable for any loss or damage arising from the use of products or services which have not been supplied by us or which are outside our control;
  6. your mobile network carrier may prohibit or restrict the use of the Application’s functionality over their network and may also impose additional fees, or other charges in connection with using the Application;
  7. you acknowledge that you have read and understand any restrictions and charges imposed by your mobile network carrier; and
  8. we will not be held liable for any charges, fees or liability imposed by your mobile network carrier for use of the Application over your mobile carrier’s network.

 

2.     Conditions of use

This licence only permits you to do the following:

  1. install, access, display, run and otherwise use the Application on a compatible mobile telephone, tablet or other approved digital device; and
  2. access the Application using your personal Username, Password and other registration details issued to you by us.

 

 

3.     Restrictions on use

3.1       You must:
  1. use this licence in good faith and in accordance with the laws of Australia;
  2. ensure that the Application or part thereof is used only by you;
  3. ensure that the Application is accessed only by you and is protected from any form of unauthorised use;
  4. ensure that the Application s accessed via a secured network;
  5. use your best endeavours to preserve the goodwill that subsists in the intellectual property rights of the Application;
  6. comply with directions of any regulator and all reasonable directions of us;
  7. follow any additional reasonable instructions from us in relation to the use of the Application and
  8. notify us immediately if you become aware of any potential or actual infringement of any intellectual property rights in relation to the Application.
3.2       You must not:
  1. unless permitted by the Copyright Act 1968, alter, modify, reverse engineer, decompile, translate or adapt the Application in any way whatsoever;
  2. rent, lease, licence, lend, resupply or on supply the Software;
  3. disclose your personal Username, Password and other registration details to another person or permit another person to use your personal Username, Password and other registration details to access the Application;
  4. sub-licence, assign or transfer this licence or the Application to any other person without our written permission;
  5. permit any act which infringes our copyright in the Application other than in accordance with these terms and conditions;
  6. make available the Application or part thereof, or access to the Service, to another person other than in accordance with these terms and conditions;
  7. remove or alter any marking or information whatsoever which may be attached to or form part of the Application and which identifies us or its related entities as the owner of copyright in the Application;
  8. communicate or reproduce the Application other than in accordance with these terms and conditions; and
  9. tamper, reverse engineer or modify or attempt to tamper, reverse engineer or modify the Application.
3.3       Specific conditions

It is a specific condition of this Agreement that you will not use, or attempt to use, the Application;

  1. to break any law or to infringe another person’s rights;
  2. to expose us to liability;
  3. to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted;
  4. to block or hinder other people’s access to or ability to use our Service or any third-party service; or
  5. in any way which damages, interferes with or interrupts the Application, our network or any other suppliers or third-party network.

 

 

4.     Specific requirments and warnings

  1. you must ensure that your access to the Application is not illegal or prohibited by laws which apply to you;
  2. you acknowledge and agree that any changes you make to Service features or User details are made at your own risk and that we may charge a fee if any changes you make to Service features or User details are made in error and need to be reversed;
  3. you agree to take all precautions reasonably necessary to ensure that the process which you employ for accessing the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device;
  4. you acknowledge that the Application will be installed on your mobile telephone, tablet or other digital device and will require access to your device and network connectivity for the sole purpose of communicating with our network and servers;
  5. you acknowledge that the Application makes use of your mobile phone plan data to send and receive data as part of its normal operation. This data may contribute to the upload and download limits which may be imposed by your mobile phone carrier; and
  6. you acknowledge that the Application and our Network is not intended to be used to make any emergency calls of any type.

 

 

5.     Our intellectual property

You acknowledge and agree that:

  1. we are the owner or licensee of all industrial and intellectual property rights which may subsist in the Application (including but not limited to text, graphics, logos, icons and sound recordings) and you do not gain any such rights simply because of this licence, by using the Application; and
  2. you may not in any form or by any means adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of the Application without our written permission or, in the case of third-party material, from the owner of copyright in that material.

 

 

 

6.     Trademarks

Except where otherwise specified, any word or device to which is attached the “Univox” and MOVOX “X” symbols are trademarks of ours or its respective owner.

You are not permitted to use any of our trademarks other than if you:

  1. use them in reference to our activities, products or services; and
  2. include a statement attributing the trade mark to us.

You must not use any of our’ trade-marks:

  1. in or as the whole or part of your own trade mark;
  2. in connection with activities, products or services which are not ours;
  3. in a manner which may be confusing, misleading or deceptive; or
  4. in a manner that disparages us or any of its information, products or services (including but not limited to this licence, the Application and the Service).

 

7.     Changes in terms and conditions

We may at any time vary these terms and conditions which will be deemed to have been affected by making the terms and conditions, as varied, available upon your next use of the Application or Services or by visiting our website at www.movox.com.au.

 

8.     Security of information

We do not guarantee or warrant the security of any data that is transmitted between our servers or via the Application.

 

 

9.     Exclusion of warranties and liability

To the extent permitted by law, we hereby exclude any condition or warranty which would otherwise be implied into these terms and conditions.

  1. we do not accept any responsibility for any interference or damage to your mobile telephone, tablet or other digital device which arises in connection with your use of the Application or accessing the Service including, without limitation, any virus or other code that is contaminating or destructive by nature, and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your system or data;
  2. we do not guarantee or warrant uninterrupted access to the Application or any particular level of quality of service in relation to (directly or indirectly) access to the Application;
  3. we do not make any guarantee or warranty in relation to access or changes to User devices made using the Application;
  4. we do not warrant, guarantee or take any responsibility for the accuracy, adequateness or completeness of any information which is made available via the Application, or Service and we do not accept any responsibility for any loss suffered (directly or indirectly) as a result of reliance on any such information;
  5. we do not accept responsibility for any loss or damage however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Application or access to the Service;
  6. you agree that the entire risk arising out of (directly or indirectly) use or performance of the Application or access to the Service is with you;
  7. the exclusion and limitation of warranties and liabilities set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent that, such liability cannot be lawfully excluded;
  8. you indemnify us from and against any damage, loss or cost including solicitor client costs and expenses incurred by us resulting from any breach by you of this agreement or through your use of the Application or our Service;
  9. where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included in this licence; and
  10. to the extent permitted by law, we will not be liable to you for any consequential, indirect or economic loss or damage suffered by you and, without limitation, our liability in any event will be limited to one or more of the following:

If the breach relates to goods:

  • the replacement of the goods or the supply of equivalent goods, or
  • the repair of such goods, or
  • the payment of the cost of replacing the goods or of acquiring equivalent goods, or
  • the payment of the cost of having the goods repaired; and

If the breach relates to services:

  • the supplying of the services again, or
  • the payment of the cost of having the services supplied again.

 

10.    Term and termination

  1. this licence shall commence on the date of first use of the Application, and shall remain in force until terminated in accordance with this clause 10;
  2. we may terminate any and all provisions of this licence and your use of the Application at any time and for any reason upon written notice;
  3. if you receive written notice from us terminating this licence, you must stop using the Application immediately and delete the Application from mobile telephone, tablet or other digital device;
  4. you may terminate this licence at any time by removing and deleting all copies of the Application which are stored on your mobile telephone, tablet or other digital device; and
  5. any provision contained in this agreement which by its nature is meant to survive termination of the agreement will survive any such termination.

 

 

11.    Governing law

Your use of the Application and Service are governed by the laws the laws of, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia or the courts of the State in which you reside if that is different.

Each Party waives its rights to claim that any action brought in that State is brought in the wrong or an inconvenient forum.

 

12.    General

  1. we do not accept any liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control;
  2. if we waive any of its rights under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion;
  3. if any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force; and
  4. we may amend this agreement at any time without providing notice to you. Your continued use of the Application or Service shall be deemed to be your acceptance of any amendment. You agree to check our website periodically and review any amendment made by us.

 

 

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