Terms & Conditions

Terms & conditions

These terms and conditions apply to your use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should stop using our website immediately.

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Secure NFC Pty Ltd ACN 158 805 997 as trustee for the Concorp Trust and the expressions “you” or “your” are a reference to a user and/or browser of our website.

Incorporation of terms

These terms and conditions together with our Privacy Policy or any additional terms and conditions, notices and disclaimers displayed elsewhere on this website, apply to your use of the website.

Amendments

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Limitation of Liability

Subject to any statutory guarantees, conditions, warranties or rights that cannot be excluded or limited under the Competition and Consumer Act 2010 (Cth) and other consumer protection laws:

(a) we give no guarantee, condition, warranty or undertaking, and we make no representation to you about the condition, suitability, safety or fitness for purpose of this website; and

(b) all implied conditions, implied warranties, and implied rights are excluded from these terms and conditions (collectively “Implied Terms and Guarantees”).

Goods or Services

If we become liable to you under these terms and conditions or pursuant to any Implied Terms and Guarantees imposed on us by operation of law, then that liability is limited to the maximum extent permitted by law. That is, to the extent it is fair and reasonable, our liability for any goods and/or services supplied under these terms and conditions is limited to, at our election and in our absolute discretion, either to:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of having the goods replaced; or

(iv) the payment of the cost having the goods repaired; and

(b) in the case of services:

(i) the re-supply of those services; or

(ii) the payment of the cost of having those services re-supplied.

Extent of Liability

Except as provided in this clause, and notwithstanding any implication arising from any other clause in these terms and conditions, we will not, to the maximum extent permitted by law, be liable to you or any person claiming through or under you in contract or in tort for or in respect of any direct loss, damage, expense or injury suffered by you or any other person, arising out of or in relation to these terms and conditions, their performance, any delay in their performance or their non-performance (including but not limited to liability due to our negligence or default).

Consequential Loss and Damage

To the maximum extent permitted by law and notwithstanding anything contained in these terms and conditions, we will not be liable to you or any person claiming through or under you in contract or in tort in respect of any indirect or consequential loss, damage, expense or injury suffered by you or any other person (including but not limited to any loss of profits, income or product).

Indemnity

To the maximum extent permitted by law, you agree to fully indemnify and hold us harmless against any expenses, costs, losses (including consequential losses) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with this website, including but not limited to, any breach by you of these terms and conditions.

Specific warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt and to the extent permitted by law, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Accuracy of information on the website

We do not warrant the accuracy, adequacy or completeness of any information contained on this website and we do not undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of any action taken (or not taken) in reliance by you upon the accuracy or currency of information contained on this website.

We reserve the right to make changes to the website to correct any errors or omissions (at our discretion) without notice and without incurring any liability to you.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

Copyright in this website (including text, images, graphics, applets, scripts, logos, icons, sound recordings and software) is owned or licensed by us (“Copyright Information”). Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions or unless we provide written permission which may be granted at our discretion, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any information, products or services obtained from any part of this website.

Nothing in these terms and conditions or on our website constitutes a licence to use or copy the Copyright Information.

Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

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

(b) in connection with activities, products or services which are not ours;

(d) in a manner that disparages us or our information, products or services (including this website).

Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

Linked websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary by us.

Privacy policy

We undertake to comply with the terms of our privacy policy. A copy of our Privacy Policy is available here: [insert]

Security of 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. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

These terms and conditions are governed by and will be interpreted in accordance with the laws in force in the State of Victoria, Australia. By accessing this website, you agree and will be taken to consent and submit to the exclusive jurisdiction of the courts sitting in Melbourne, Victoria and the Federal Court of Australia (sitting in Melbourne, Victoria).

Severability

If any provision of these terms and conditions are held to be unenforceable or in conflict with the law or invalid, then it will be read down to the minimum extent necessary to render it enforceable and valid. If such provision is incapable of being read down, it will be severed from the remainder of the terms and conditions which will then be interpreted so as to give full effect to the purpose or intent of the terms and conditions.

To return to the website

To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.

End User Licence Agreement

Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software for use.

By downloading,installing, or using the Software you agree to be bound by thisEULA.

You further agree that any person you authorise to use the Software will also be bound by the terms and conditions of this EULA.

If you do not agree to this EULA, do not download, install, or use the Software for any purpose whatsoever.

1. Definitions and interpretation

1.1. In this EULA:

“Effective Date” means the date when the Licensee agrees to the terms and conditions of this EULA, as detailed in the preamble to this EULA;

“EULA” means this end user licence agreement (including the preamble), and any amendments to it from time to time;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Licensee” means the individual, entity, or organisation downloading, installing or otherwise using the Software as contemplated by this EULA;

“Licensor” means Secure NFC Pty Ltd (ACN 158 805 997) as trustee for the Concorp Trust;

“Software” means the Secure NFC mobile application designed, coded, marketed and licensed by the Licensor and includes the application of any Upgrade; and

“Upgrade” means an upgrade, update, enhancement, improvement or patch to the Software made available by the Licensor.

1.2. In this EULA, a reference to a statute, statutory provision or regulation includes a reference to that statute, statutory provision or regulation as modified, consolidated and/or re-enacted from time to time.

1.3. The clause headings do not affect the interpretation of this EULA.

2. Term of EULA

This EULA will come into force on the Effective Date and will continue in force indefinitely, unless and until terminated in accordance with clause 10.

3. Licence

3.1. The Licensee may only use the Software for the Licensee’s own private and non-commercial purposes and in accordance with the provisions of this clause3

3.2. Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software, and the Licensee’s compliance with the provisions of this EULA, the Licensor grants to the Licensee a non-exclusive non-transferable licence to:

(a) download the Software;

(b) install the Software; and

on any mobile device owned or used by the Licensee subject always to the relevant terms and conditions of service / sale / use and privacy policy governing the service from which the Software was purchased by the Licensee, including without limitation those services described in clause 5.1.

3.3. The Licensee must not:

(a) copy or reproduce the Software or any part of the Software other than in accordance with the licence granted in this clause3;

(b) sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Software or any part of the Software;

(d) reverse engineer, decompile, disassemble the Software or any part of the Software;

(e) use the Software other than in accordance with this EULA; or

(f) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing unauthorised use, provided that nothing in this clause3.3 will prohibit or restrict the Licensee or any other person from doing any act expressly permitted by applicable law.

4. Intellectual Property

4.1. The Licensor warrants that it owns or has the right to use all the Intellectual Property Rights comprising, or embodied in, the Software.

4.2. All Intellectual Property Rights inthe Software are and will remain, as between the parties, the property of the Licensor.\

5. Service Guidelines

5.1. If the Licenseepurchased the Software from:

(a) Google Play – then this EULA must be read subject to the Google Play Developer Program Policies together with such terms of service / sale / use and privacy policy as may govern the use of, and purchase of the Software from, that service as amended from time to time;

(b) Nokia Store – then this EULA must be read subject to the Nokia Store Content Guidelines together with such terms of service / sale / use and privacy policy as may govern the use of, and purchase of the Software from, that service as amended from time to time;

(c) Microsoft Marketplace – then this EULA must be read subject to the Windows Phone Development Guidelines together with such terms of service / sale / use and privacy policy as may govern the use of, and purchase of the Software from, that service as amended from time to time;

(d) Blackberry App World – then this EULA must be read subject to the UI Guidelines together with such terms of service / sale / use and privacy policy as may govern the use of, and purchase of the Software from, that service as amended from time to time; and

(e) any other store or service authorised by the Licensor – then this EULA must be read subject to the applicable developer guidelines together with such terms of service / sale / use and privacy policy as may govern the use of, and purchase of the Software from, that service or store as amended from time to time.

5.2. For the avoidance of doubt, in the event that there is a conflict between the terms of this EULA and the guidelines / terms referred to in clause 5.1, then the provisions of the relevant guidelines / terms will prevail with the intent that this EULA will be modified to the extent necessary so that it complies with the relevant section(s) of the guidelines / terms.

6. Upgrades

The Licensee may apply to the Software each Upgrade released by the Licensor from time to time. For the avoidance of doubt, the Licensor is under no obligation to provide or make available any Upgrades to the Software.

7. Privacy Policy

7.1. The Licensor may collect information from the Licensee including the Licensee’s contact information (for example, e-mail addresses), credit card information, ticketing card, passport information and profile name. This information may be used to:

(a) verify the Licensee’s identity;

(b) send the Licensee an activation code so that the Licensee can access the Software;

(d) send news, information about the Software and general promotional material which may be useful to the Licensee (if the Licensee chooses to opt in).

7.2. The Licensor will not store credit card information, ticketing card or passport information on its networks. However, this information will be stored in the secure element of the Licensee’smobile device and will be used:

(a) by the Software as a means of identifying the credit card; and

(b) to unlock or lock the relevant card.

7.3. All personal information that is collected by the Licensor and that is stored by the Licensor is kept confidential in accordance with relevant industry standards or as otherwise may be required by law.

8. Acknowledgment

8.1. The Licensee acknowledges that:

(a) the Software may not be error-free;

(b) the Software has not been developed to meet the specific requirements of the Licensee, and accordingly the Licensee will be responsible for ensuring that the Software is suitable to meet the Licensee’s requirements.

9. Limitations and exclusions of liability

9.1. Subject to any statutory guarantees, conditions, warranties or rights that cannot be excluded or limited under the Competition and Consumer Act 2010 (Cth) orany other consumer protection laws applying to the Licensee:

(a) the Licensor gives no guarantee, condition, warranty or undertaking, and otherwise makes no representation to the Licensee about the condition, suitability, safety or fitness for purpose of the Software or the Licensee’s use of the Software; and

(b) all implied conditions, implied warranties, and implied rights are excluded from this EULA (collectively “Implied Terms and Guarantees”).

9.2. If the Licensor becomes liable to the Licensee under this EULA or pursuant to any Implied Terms and Guarantees imposed on the Licensor by operation of law, then that liability is limited to the maximum extent permitted by law. That is, to the extent it is fair and reasonable, the Licensor’s liability for any goods and/or services supplied under this EULA is limited to, at the election and in the absolute discretion of the Licensor, either to:

(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost having the goods repaired; and
(b) in the case of services:
(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied.
9.3. Except as provided in this clause, and notwithstanding any implication arising from any other clause in this EULA, the Licensor will not, to the maximum extent permitted by law, be liable to the Licensee or any person claiming through or under the Licensee in contract or in tort for or in respect of any direct loss, damage, expense or injury suffered by the Licensee or any other person, arising out of or in relation to this EULA, their performance, any delay in their performance or their non-performance (including but not limited to liability due to negligence or default of the Licensor).

9.4. To the maximum extent permitted by law and notwithstanding anything contained in this EULA, the Licensor will not be liable to the Licensee or any person claiming through or under the Licensee in contract or in tort in respect of any indirect or consequential loss, damage, expense or injury suffered by the Licensee or any other person (including but not limited to any loss of profits, income or product).

9.5. To the maximum extent permitted by law, the Licensee agrees to fully indemnify and hold the Licensor harmless against any expenses, costs, losses (including consequential losses) or damage that the Licensor may suffer or incur as a result of or in connection with the Licensee’s use of, access to or conduct in connection with the Software, including but not limited to, any breach by the Licensee of this EULA.

10. Termination

This EULA will terminate immediately and automatically ifthe Licensee or any person authorised by the Licensee to use the Software breaches any provision of this EULA.

11. Effects of termination

11.1. Upon termination:

(a) the Licensee must immediately destroy the Software; and

(b) all the provisions of this EULA will cease to have effect, save that the following provisions will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): clauses 1, 9 and 12.

11.2. Termination of this EULA will not affect either party’s accrued rights and liabilities.

11.3. Save as expressly provided in this EULA, the Licensee will not be entitled to a refund upon the termination of this EULA.

12. General

12.1. No breach of any provision of this EULA will be waived except with the express written consent of the Licensor.

12.2. If a clause of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this EULA will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).

12.3. The Licensor may freely assign this EULA and/or its rights and/or obligations under this EULA without the Licensee’s consent. Save as expressly provided in this EULA, the Licensee must not assign, transfer, charge, license or otherwise dispose of or deal in this EULA and/or any its rights and/or obligations under this EULA.

12.4. This EULA constitutes the entire agreement and understanding of the parties in relation to the subject matter of this EULA, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of this EULA. The Licensee acknowledges that no representations or promises not expressly contained in this EULA have been made by or on behalf of the Licensor.

12.5. This EULA will be governed by, and construed in accordance with, the laws of the State of Victoria, Australia. By downloading, installing, or using the Software, the Licensee agrees and will be taken to consent and submit to the exclusive jurisdiction of the courts and tribunals of Victoria and the Federal Court of Australia (sitting in Melbourne, Victoria).