UNIVOX mobile application license agreement

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The UNIVOX Mobile Application (“Application”) allows You to access the MOVOX Cloud PBX (“Service”) from Your mobile device. This End User Licence Agreement (EULA) forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and MOVOX Pty Ltd (“MOVOX”) ABN 32 602 123 491 (each separately a “Party” and collectively the “Parties”) as of the date you download the Application. Your use of the Application is subject to this EULA and Your use of the Service will remain subject to our Customer Terms governing such use. With respect to the use of the Application, and to the extent our Customer Terms conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Application.


1.  LICENCE

1.1  MOVOX grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application on a single mobile phone, tablet or other digital device (“Device”) for Your personal and internal business purposes strictly in accordance with this EULA and the Customer Terms;

1.2  MOVOX reserves 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;

1.3  You acknowledge that the Application may be supplied or used in conjunction with hardware, applications and other services supplied by other parties. MOVOX shall not be liable for any loss or damage arising from the use of products or services which have not been supplied by MOVOX or which are outside our control; and

1.4  Your mobile network carrier may prohibit or restrict the use of Application functionality over their network and may also impose additional fees, or other charges in connection with using the Application. You acknowledge that you have read and understand any restrictions and charges imposed by your mobile network carrier. MOVOX 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. SUPPORTED DEVICE

The Application is only available for supported devices and might not work on every device. Determining whether your device is a supported or compatible device for use of the Application is solely your responsibility, and downloading the Application is done at your own risk. MOVOX does not represent or warrant that the Application and Your device are compatible or that the Application will work on your device.


3. CONDITIONS OF USE

3.1 This licence only permits You to do the following:

(a) install, access, display, run and otherwise use the Application on a single Device;

(b) access the Application using your personal Username, Password and other account details issued to you by MOVOX;

3.2 Your use of the Application requires that:

(a) you have an account with MOVOX and agree to our Customer Terms;

(b) you have an active subscription to a UNIVOX Cloud PBX plan (“Plan”);

(c) you acknowledge that this license is restricted to the number of extensions licenses (e.g., Cloud PBX devices) that have been subscribed for in Your Plan;

(d) you must simultaneously use less than or equal to the number of licenses that You have subscribed for in Your Plan;

(e) if at any time Your usage exceeds the number of licenses subscribed for in Your Plan, MOVOX may consider this a violation of its rights; You acknowledge and accept that MOVOX, in its discretion, may take immediate action to suspend your access to the Application;

(f) you must ensure that your access to the Service is not illegal or prohibited by laws which apply to you;

(g) you agree to take all precautions reasonably necessary to ensure that the process which you employ for accessing the Service or using the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Device;

(h) 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 accessing and adjusting Service settings;

(i) you acknowledge that the Application makes use of your internet connection and or mobile phone plan data allowance 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 internet service provider or mobile phone carrier; and

(j) you acknowledge that the Application and Service is not intended to be used to make any emergency calls of any type.


4. RESTRICTIONS OF USE

4.1 You must:

(a) use this licence in good faith and in accordance with the laws of Australia;

(b) ensure that the Application or part thereof is used only by you;

(c) ensure that the Service is accessed only by you and is protected from any form of unauthorised use;

(d) ensure that the Application is accessed via a secured network;

(e) comply with directions of any regulator and all reasonable directions of MOVOX;

(f) follow any additional reasonable instructions from MOVOX in relation to the use of the Application; and

(g) notify MOVOX immediately if you become aware of any potential or actual infringement of any intellectual property rights in relation to the Application.


5. ACCEPTABLE USE

5.1 You agree that You will not:

(a) use or encourage others to use the Application in any manner that could damage, disable, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use of the Application (or servers or networks connected to the Application);

(b) be in violation of Your mobile phone carriers’ service agreement when using the Application;

(c) rent, lease, licence, lend, resupply or on supply the Application;

(d) disclose your personal Username, Password and other account details to another person or permit another person to use your personal Username, Password and account details to access the Application or the Service;

(e) sub-licence, assign or transfer this licence or the Application to any other person without MOVOX’s written permission;

(f) permit any act which infringes MOVOX’s copyright in the Application other than in accordance with these terms and conditions;

(g) communicate or reproduce the Application other than in accordance with these terms and conditions;

(h) tamper, reverse engineer or modify or attempt to tamper, reverse engineer or modify the Application; and

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

(a) to break any law or to infringe another person’s rights;

(b) to expose MOVOX to liability;

(c) to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted;

(d) to block or hinder other people’s access to or ability to use the Service or any third-party service; or

(e) in any way which damages, interferes with or interrupts the Service, the MOVOX network or any other suppliers or third-party network.


6. THIRD PARTIES

6.1 This EULA is executed between You and MOVOX and not between You and any other party, including Apple (for iOS users) and Google (for Android users);

6.2 You agree that any claims brought by You arising out of this EULA or Your use of the Application will not be made against Apple or Google, as applicable;

6.3 You also agree not to violate the usage limits or controls set forth by:

(a) the App Store Terms of Service, for iOS users accessing the Application on an Apple product, or

(b) Google Play Terms of Service for Android users accessing the Application on an Android product.


7. MAINTENANCE AND SUPPORT

7.1 MOVOX may deploy changes, updates, or enhancements to the Application at any time. MOVOX may provide maintenance and support for the Application, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice; and

7.2 You acknowledge that neither Apple (for iOS users) nor Google (for Android users) has an obligation to furnish any maintenance or support services in connection with the Application.


8. MOVOX’S INTELLECTUAL PROPERTY

8.1 You acknowledge and agree that:

(a) MOVOX is the owner or licensee of all industrial and intellectual property rights which may subsist in the Application and the Service (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 or accessing the Service; and

(b) 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 MOVOX’s written permission or, in the case of third party material, from the owner of copyright in that material.


9. TRADEMARKS

9.1 Except where otherwise specified, any word or device to which is attached the MOVOX or UNIVOX logo is a trade mark of MOVOX or its respective owner;

9.2 You are not permitted to use any of MOVOX’s trademarks other than if you:

(a) use them in reference to MOVOX’s activities, products or services; and

(b) include a statement attributing the trade mark to MOVOX.

9.3 You must not use any of MOVOX’s trademarks:

(a) in or as the whole or part of your own trade mark;

(b) in connection with activities, products or services which are not MOVOX’s;

(c) in a manner which may be confusing, misleading or deceptive; or

(d) in a manner that disparages MOVOX or any of its information, products or services (including but not limited to this licence, the Application and the Service).


10. SECURITY OF INFORMATION

10.1 By downloading the Application, You authorise MOVOX to send You (including via email and push notifications) information regarding the Application or Service, such as:

(a) notices about Your use of the Service and the Application, including notices of violations of use;

(b) updates to the Application or Service and new features or products; and

(c) promotional information and materials regarding MOVOX’s products and services.

10.2 In order to operate and provide the Application or Service, MOVOX may collect certain information about You, including technical and telemetry data related to your use of the Application. We use third party service providers to help us collect and analyse this data, including Google Analytics. MOVOX uses and protects that information in accordance with our Privacy Policy, which can be found at movox.com.au/consumer-advice/privacy-policy;

10.3 MOVOX may collect non-personal data from Your use of the Application and You hereby agree to the collection. By way of example, and not intended to be limiting, non-personal data which may be collected by MOVOX include device type, usage metrics, OS version, crash/issue types and counters, that helps improve the stability of the Application. The collection of non-personal data is for MOVOX’s internal purposes only and will be used for quality improvement of the Application. The collected data will not be disclosed or shared with any third parties, except in cases where MOVOX has engaged the services of third parties for the purpose of improvement of the Application or development of new Application, and MOVOX agrees to include confidentiality provisions for the protection of the collected data; and

10.4 MOVOX does not guarantee or warrant the security of any data that is transmitted between the Application or via the Service.


11. EXCLUSION OF WARRANTIES AND LIABILITY

11.1 Your use of the Application is at your sole risk. The Application is provided on an “as is” and “as available” basis. MOVOX expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchant-ability, fitness for a particular purpose and non-infringement;

11.2 You agree that You are solely responsible for (and that MOVOX has no responsibility to you or to any third party for) Your use of the Application, any breach of Your obligations under these terms and conditions, and for the consequences (including any loss or damage which MOVOX may suffer) of any such breach;

11.3 MOVOX does not accept any responsibility for any interference or damage to your 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;

11.4 MOVOX does not guarantee or warrant uninterrupted access to the Application or Service or any particular level of quality of service in relation to (directly or indirectly) access to the Application or Service;

11.5 MOVOX does not make any guarantee or warranty in relation to access to voicemail messages or termination of forwarded calls using the Application or another telephone service or otherwise which is not under the control of MOVOX;

11.6 MOVOX does 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 MOVOX does accept any responsibility for any loss suffered (directly or indirectly) as a result of reliance on any such information;

11.7 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; MOVOX does 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;

11.8 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; and

11.9 Where legislation implies any condition or warranty, and that legislation prohibits MOVOX 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.


12. TERM AND TERMINATION

12.1 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 12;

12.2 MOVOX reserves the right to suspend or terminate Your access to the Application at any time based on the status of Your account. You understand that if Your account is suspended or terminated, You may no longer have access to the Application or Cloud PBX service;

12.3 MOVOX 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;

12.4 If you receive written notice from MOVOX terminating this licence, you must stop using the Application immediately and delete the Application from your Device;

12.5 You may terminate this licence at any time by removing and deleting all copies of the Application which are stored on your Device; and

12.6 Any provision contained in this agreement which by its nature is meant to survive termination of the agreement will survive any such termination.


13. CHANGES IN EULA

13.1 MOVOX reserves the right to vary this EULA at any time and for any reason;

13.2 visiting our website at movox.com.au/legal/univox-mobile-application-eula; and

13.3 Your continued use of the Application after MOVOX publishes notice of changes to this EULA indicates Your consent to the updated terms.


14. GENERAL

14.1 MOVOX does not accept any liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond MOVOX’s reasonable control;

14.2 If MOVOX waives 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; and

14.3 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.


15. GOVERNING LAW

This EULA shall be governed by 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 or Territory in which you reside if that is different. Each Party waives its rights to claim that any action brought in that State or Territory is brought in the wrong or an inconvenient forum.


16. HOW TO CONTACT US

You can contact MOVOX by:

(a) calling 1800 100 800 between 9.00 am and 5.00 pm (AEST) Monday to Friday; or

(b) writing to us by completing the form on our ‘Contact us‘ page of the Application