Last updated Jul 2022.
Terms of Service
Welcome to Mobiddiction, the website and online platform Mobiconnect™ offered as a service of Mobiddiction Pty Ltd [ACN 160 375 306] (Mobiddiction, We or Us). This page explains the terms which govern your use of our online platform and mobile services, website as well as any software provided by us, including our application programming interface (collectively, the Services).
These terms apply to all visitors, users, members, clients, and contributors who access the Services.
If you do not understand any of the below terms, please contact us before using the Services. You may not access or use of the Services unless you agree to abide by all the terms and conditions set out below and/or if you are below 18 years of age.
- Our Customer
- If you purchase a subscription or otherwise access the Services or allow other users to access the Services through your subscription, you are our customer.
- Where you are accessing, using, or purchasing the Services on behalf of an entity, be it a corporation or a statutory body or otherwise (Corporate Customer), you represent that you have the requisite authority to access and use the Services.
- Further to clause 1.2 above, where you are accessing, using, or purchasing the Services on behalf of Corporate Customer, that entity is our customer. As our customer, the Corporate Customer can exercise its rights pursuant to these terms and can modify or re-assign roles in relation to the Services. If the Corporate Customer elects to replace you as the representative with authority in relation to the Services, we will provide you with notice following such election and you agree to take any actions reasonably requested by the Corporate Customer to facilitate the transfer of authority to a new representative.
- You agree to and acknowledge your understanding of these terms.
- Your Right to Use the Services
- We grant you a non-exclusive, limited, non-transferable licence to use the Services in accordance with the terms and conditions set out in these terms.
- The services are provided to you through an online platform. Individuals authorised by you to access the Services (Authorised Users) may submit content or information to the Services (Customer Data). If the Customer Data belongs to a Corporate Customer, the Corporate Customer may exclusively provide us with instructions on what to do with it.
- You may request we limit your Authorised Users’ access to the Services, such that each individual Authorised User is only able to access certain aspects or modules of the Services.
- We will not however, to the full extent permitted by law, review your and your Authorised Users’ conduct and have no obligation to do so. We are not responsible for any Customer Data or the way you and/or your Authorised Users choose to use the Services to store or process any Customer Data.
- You must not add any Customer Data to the Services:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Services into disrepute; or
- that infringes the intellectual property or other rights of any person.
- You must inform all of your Authorised Users of your policies and procedures relevant to their use of the Services and of any settings that may impact the processing of Customer Data and ensure that the transfer and processing of Customer Data under these terms is at all times lawful.
- The Services may include the use of our application programming interface (API) in which case the grant of a licence is limited to:
- Use of the package of API materials provided by us solely as necessary to make an application owned and operated by you interoperable with the Services on your website or inside your mobile applications (Client Application);
- Use of the API and the Services in such Client Applications strictly in compliance with these terms and the API materials.
- You acknowledge and agree that:
- we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services at any time in our sole discretion; and
- the Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes or due to third party downtime).
- Where we are required to perform maintenance, troubleshoot, or otherwise assist you with any issues associated with the Services, you authorise and permit us to access your login to provide you with technical assistance. You agree and warrant that where required, you have also obtained the authorisation and consent of your client for us to access your login to provide you with technical assistance.
- Your Application Data
Use of the Services may depend on your transmission of certain data (your “Application Data”). You retain all rights and ownership on your Application Data. We do not claim any ownership rights on your Application Data. You shall be solely responsible for ensuring that any processing of Application Data by Mobiddiction and/or you via the Services does not violate any applicable laws. You acknowledge that it is your responsibility to encrypt the transmission of your Application Data should you wish to protect it. In the event you decide not to utilise encryption and transmit your Application Data unencrypted over a network, you assume all related risks for doing so. Mobiddiction will not be liable for any liabilities arising from your use of the Services (including your transmission of Application Data) over the internet or other network.
- Licence of Your Content to Us
- By posting, publishing, uploading or distributing any Customer Data or data, information, links or other content for use with the Services (Your Content), you grant (or warrant that the owner of such content has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable and non-exclusive licence, with the right to sublicense, use, modify, reproduce, publish, adapt, display and distribute Your Content in connection with your use of the Services.
- You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Content.
- Intellectual Property Rights
- Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights subsisting in the Services.
- You may choose, or we may invite you to submit comments or ideas about the Services, including without limitation, beta services and features (Ideas). You agree that your submission of any Ideas is gratuitous and unsolicited and does not create any obligation for us, and that we are free to use the Ideas without any additional compensation to you and/or to disclose the Ideas on a non-confidential basis to others.
- Further to clause 4.2 above, you acknowledge that by accepting your Ideas, we do not waive any rights to use similar or related ideas previously known to us or developed by your employees and/or subcontractors, or obtained from sources other than you.
- We may make certain logos or marks (Mobi Marks) available for use by you and others to identify Mobiddiction as the Services’ provider. We may limit or revoke your right to use the Mobi Marks at any time.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 4.5 will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 4.2 and 4.3.
- We may share information with you regarding our future products and services. Our public statements about future products and services are an expression of intent and should not be relied on by you when making purchasing decisions. You acknowledge that your decision to use, purchase or subscribe to the Services is made upon the functionality and features of the Services as at the date of use, purchase or subscription.
- Paid Services
- Our Services are provided for a fee. It is required that you agree to the pricing and payment as provided in connection with the Services.
- Certain Services may be available for purchase through a subscription model, entitling you to access the Services for a specified period of time from the date of purchase. We also offer add-on plans for certain Services which allow you to access additional services for a specified period of time.
- You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until expressly cancelled by you.
- All information that you provide in connection with a purchase or transaction in relation to the Services must be accurate, complete and current. You agree to pay all charges incurred by you as a result of your use of the Services at the prices in effect when such charges were incurred. You will pay any applicable taxes.
- Security of Information
- You acknowledge that no data transmission over the internet can be guaranteed as totally secure. Whilst we have taken precautions to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- Third Party Links and Libraries
- The Services may contain links to other websites and services, and make use of third party libraries. We are not responsible for the content or privacy practises associated with links to third parties.
- Our links to third parties should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
- The Services are provided on an “as is” and “as available” basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of fitness for a particular purpose, merchantability and/or non-infringement.
- We and our subsidiaries do not warrant that:
- The content of the Services is accurate, reliable and correct and free from typographical errors;
- The Services will meet your requirements;
- The Services will be available at any particular time or location;
- Any defects or errors will be corrected;
- The Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.
- You represent and warrant to us that:
- you have the legal capacity to enter these Terms; and
- you have complied with clause 1.3 (where applicable).
- You agree to indemnify and hold harmless us and our subsidiaries, agents and employees from and against any and all claims, damages, losses, liabilities, costs or expenses (including but not limited to legal fees) arising out of:
- Your use of and access to the Services, including any data or content transmitted or received by you;
- Your breach of these terms;
- Your breach of any third party rights, including privacy and proprietary rights;
- Your breach of any applicable law or regulation;
- Any other party’s access and use of the Services with your unique user name, password or other details.
- You agree to indemnify and hold harmless us and our subsidiaries, agents and employees from and against any and all claims, damages, losses, liabilities, costs or expenses (including but not limited to legal fees) arising out of:
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- If we terminate this licence because of a breach of these terms, we will not refund any portion of your fees paid to us.
- Either party may give the other notice of non-renewal at least 30 days before the end of the subscription term to stop the subscriptions from automatically renewing. We believe customers should only pay for subscriptions that are actually used – upon receiving your cancellation notice, we will refund to you your unused subscription fees on a pro rata basis.
- We may assign or otherwise transfer without further liability these terms and/or Services in whole or in part at any time without notice.
- You may not assign or otherwise transfer your rights related to the Services without our prior written consent.
- For the avoidance of doubt, a sale, merger, or any other change in control of you (to the extent you are a Corporate Customer) will constitute an assignment requiring our consent.
- During the term of the Services, we may publicly identify you as a user of the Services and you may identify us publicly as the provider of the Services. If you do not want us to identify you, please contact us.
- You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
- We may discontinue or modify our Services
Mobiddiction may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.
- We may modify these Terms
Mobiddiction may update these Terms from time to time. The most current version of these Terms will be posted on the Site. Any changes to the Terms will be effective immediately. Please check the Site regularly to view our then-current Terms.
- Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access limits and storage restrictions
- Deceitful Actions. Introducing intentionally, knowingly, or recklessly, any virus or other contaminating code into the Service, or collecting, transmitting, or using information, including email addresses, screen names or other identifiers, by deceit or covert means (such as phishing, Internet scamming, password robbery, spidering, and harvesting).
- Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled, or other harvesting or scraping of any content of the Services.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or conducting a denial of service (“DoS”) attack.
- Operation of Certain Network Services. Operating open proxies, open mail relays, open recursive domain name servers, Tor exit nodes, or other similar network services.
- Retaliation Against Mobiddiction/Mobiconnect. Any conduct that is likely to result in retaliation against Mobiddiction, including the Services, or Mobiddiction employees, officers or other agents, including engaging in behaviour that results in any Mobiddiction server being the target of a DoS attack.
- Withholding Identity. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.
- Mining of Cryptocurrencies. Mining any cryptocurrency, including but not limited to BitCoin or any similar currency, without explicit written permission.
- Reverse Engineering
You shall not reverse engineer, decompile or disassemble the Software and shall not knowingly allow any other person to do so.
- Platform and Services Modifications
Mobiddiction is constantly innovating its products and services in order to seek to provide the best possible experience for our customers and to improve the Platform.
Additionally, you acknowledge and agree that the form and nature of the Services that Mobiddiction provides, and the Licensed Platform, may be changed from time to time, including without limitation, security patches, added functionality, and other enhancements; any new features and/or new editions of the Licensed Platform may involve incremental fees, if applicable.
You acknowledge that Mobiddiction may change the fees from time to time, including imposing a new charge on a Service that was provided for free.
- Subscription Term, Renewal and Fees Payment
- Order Form
Our order form may be completed and placed in various ways, among which, an online form or in-product screens or any other mutually agreed upon offline form delivered by Customer or any of the other Users to our websites, including via mail, email or any other electronic or physical delivery mechanism (the “Order Form”). Such Order Form will list, at the least, the Service ordered, subscription plan, term and the associated fees.
- Subscription Term
- The Service is provided on a subscription basis for the term specified in your Order Form, in accordance with the respective subscription plan purchased under such Order Form (the “Subscription Term” and the “Subscription Plan”, respectively, and collectively the “Subscription”).
- Order Form
- Subscription Fees
- In consideration for the provision of the Service (except for Trial Service), Customer shall pay us the applicable fees per the purchased Subscription, as set forth in the applicable Order Form (the “Subscription Fees”). Unless indicated otherwise, Subscription Fees are stated in Australian dollars. Customer hereby authorises us, either directly or through our payment processing service or our affiliates, to charge such Subscription Fees via Customer’s selected payment method, upon due date. Unless expressly set forth herein, the Subscription Fees are non-cancellable and non-refundable. We reserve the right to change the Subscription Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.
- The Subscription Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Service hereunder (the “Taxes”), except for Taxes imposed on our income. If Customer is located in a jurisdiction which requires Customer to deduct or withhold Taxes or other amounts from any amounts due to us, please notify us, in writing, promptly and we shall join efforts to avoid any such Tax withholding, provided, however, that in any case, Customer shall bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Subscription Fees, payable by Customer.
- Subscription Upgrade
- During the Subscription Term, Customer may upgrade its Subscription Plan by either: (i) adding Authorised Users; (ii) upgrading to a higher type of Subscription Plan; (iii) adding add-on features and functionalities; and/or (iv) upgrading to a longer Subscription Term (collectively, “Subscription Upgrades”). Some Subscription Upgrades or other changes may be considered as a new purchase, hence will restart the Subscription Term and some won’t, as indicated within the Service and/or the Order Form. Upon a Subscription Upgrade, Customer will be billed for the applicable increased amount of Subscription Fees, at our then-current rates (unless indicated otherwise in an Order Form), either: (1) prorated for the remainder of the then-current Subscription Term, or (2) whenever the Subscription Term is being restarted due to the Subscription Upgrade, then the Subscription Fees already paid by Customer will be reduced from the new upgraded Subscription Fees, and the difference shall be due and payable by Customer upon the date on which the Subscription Upgrade was made.
- Adding Users
- Customer Accounts may invite other persons to be added to your Account as Users (collectively, “Users Increase”). For further information on these options and how to disable them, visit our help centre. Unless agreed otherwise in an Order Form, any changes to the number of Users within a certain Account, shall be billed on a prorated basis for the remainder of the then-current Subscription Term. We will bill Customer, either upon the Users Increase or at the end of the applicable month, as communicated to Customer.
- Excessive Usage
- We shall have the right, including without limitation where we, at our sole discretion, believe that Customer and/or any of its Users, have misused the Service or otherwise use the Service in an excessive manner compared to the anticipated standard use (at our sole discretion), to offer the Subscription in different pricing and/or impose additional restrictions as for the upload, storage, download and use of the Service, including, without limitation, restrictions on Third Party Services, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.
- As part of registering, or submitting billing information, to the Service, Customer agrees to provide us with updated, accurate and complete billing information, and Customer authorises us (either directly or through our affiliates, including Mobiddiction.com/Mobiconnect.net. or other third parties) to charge, request and collect payment (or otherwise charge, refund or take any other billing actions) from Customer’s payment method or designated banking account, and to make any inquiries that we (or our affiliates and/or third-parties acting on our behalf) may consider necessary to validate Customer’s designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from Customer’s credit card company or banking account (e.g., updated expiry date or card number as may be provided to us by Customer’s credit card company).
- Subscription Auto-Renewal
- In order to ensure that Customer will not experience any interruption or loss of services, Customer’s Subscription includes an automatic renewal option by default, according to which, unless Customer disables the auto-renewal option or cancels its Subscription prior to its expiration, the Subscription will automatically renew upon the end of the then applicable Subscription
- The Term, for a renewal period equal in time to the original Subscription Term (excluding extended periods) and, unless otherwise notified to Customer, at the same price (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first Subscription Term). Accordingly, unless either Customer or we cancel the Subscription prior to its expiration, we will attempt to automatically charge Customer the applicable Subscription Fees upon or immediately prior to the expiration of the then applicable Subscription Term. If Customer wishes to avoid such auto-renewal, Customer shall cancel its Subscription, prior to its expiration, at any time through the Account settings or by contacting us. Except as expressly set forth in these Terms, in case a Customer cancels its Subscription, during a Subscription Term, the Subscription will not renew for an additional period, but Customer will not be refunded or credited for any unused period within the Subscription Term.
- Discounts and Promotions
- Unless expressly stated otherwise in a separate legally binding agreement, if Customer received a special discount or other promotional offer, Customer acknowledges that upon renewal of its Subscription, Mobiddiction will renew such Subscription, at the full applicable Subscription Fee at the time of renewal.