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Australia's Leading Mobile App Development Agency



OUR SERVICES


Inquire

We begin with a simple question: Why does your business exist? Why create this brand, app, holographic guide to the galaxy? We explore your competition and what sets you apart.

Plan

A project's success hinges upon a well-conceived plan. We create a strategic plan that outlines what we will make together, how make the most of your budget and what success looks like.

Design

This is when the sketching begins. The design process never begins in front of the computer. We start loose, identify concepts, iterate, and refine them through regular dialogue with you.

Launch

For us, this means involvement in every detail of production and fulfillment for your project. We continue to stay in touch, and closely monitor our babys success out in the wild.







ABOUT US


Over 50 native apps built.

Over 1,000,000 app users.

Solutions that actually work.




About Mobile Apps Australia



Mobile Apps Australia is an Aussie based company offering mobile technology & media throughout Australia & New Zealand. Mobile Apps Australia produces native apps and mobile web applications – powered by our partners Digital8. With over 12 years experience in software development & 10+ years in the creative industry, Mobile Apps Australia is a complete mobile marketing solution that can strategise with its clients from the ground up or fit in with strategies already in place.

Mobile Apps Australia thrives from creating quality interactive solutions that boost its clients marketing profile & sales.

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CONTACT



Brisbane Office

1800 332 777

1800 33 APPS

32 Brookes St, Bowen Hills 4006

enquiries@mobileappsaus.com

Company Details

ABN: 42 158 857 624

ACN: 158 857 624




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1. Background

The privacy of your personal information is afforded the highest level of importance by Mobile Apps Australia Pty Ltd, ABN 42 158 857 624.

We are bound by the Australian Privacy Act 1988 (Cth) (“Act“) regarding the manner in which we handle your personal information and how we respond to your requests to access and correct it. While we take careful measures to protect the confidentiality of information provided to us, we have adopted the Privacy Policy detailed in this document in compliance with the Act.

This document sets out our information handling procedures and the rights and obligations that both you and we have in relation to your personal information. We will strictly comply with all relevant legislative requirements, and, in the event of any inconsistency, the legislative requirements will override the provisions of this document.

This document reflects our Privacy Policy as at 1 August, 2013. We reserve the right to amend our Privacy Policy at any time without notice to you, and such amendments will take effect from the date of issue on our website. Please check back regularly for updates.

If you are a minor at law (which usually means you are aged under 18 in countries including Australia and the United States, though this age may vary depending on where you are located), you must get your parent or guardian’s permission before providing us with any personal information.

2. Collection of Information

We will only collect personal information where it is reasonably necessary to do so for the conduct of our business. Any collection of personal information by us will be fair and lawful and will not be intrusive. Upon request you will be told the identity of the collecting entity, the purpose of the collection, details on how you can gain access to your personal information and any consequences of failing to give the information.

If it is reasonable and practical to do so, we will collect personal information about you only from you. In the course of operating the business, however, it may be necessary to collect personal information from various external sources, including government agencies and other third parties.

You may be given the opportunity to use our software, applications and/or services in connection with your user accounts from third party providers, such as social networking websites or software marketplaces. In such cases, we may collect information from your user account with such third party providers. This may include personal information about you, as well as any friends or contacts associated with your user account.

The information collected will be affected by the privacy settings you and your friends establish with such third party providers. We may combine this information with other information we may hold about you.

If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information. We will not, however, make any such request to any third party in circumstances where it would not be practical to do so.

We may collect information regarding your use of our software, applications and/or services, including information about the duration of your use, the features you use and your interactions with other users of the software, applications and/or services. We may aggregate information about you collected across your usage of different software, applications or services offered by us.

We may collect information regarding the device you use to access the software, applications and/or services, including (where applicable) its model, operating system, screen resolution, web browser, IP address, Media Access Control (MAC) address and other technical information. Where you allow us access to such information, we may also collect information from your device such as your geographic location and your contact lists.

3. End User Opt-out of Services

4. Use and Disclosure of Information

In general, we will not use or disclose personal information about you otherwise than for the purpose of providing or offering goods and services to you, for any other purpose that you may reasonably expect, for any other purpose authorised by law, or for any other purposes disclosed to or authorised by you. This may include disclosures to organisations that provide us with professional advice, such as solicitors, accountants and business advisors.

It may be necessary for the information to be disclosed to other organisations in the course of our provision of services, or for the conduct of our business. These other organisations may include other parties involved in the provision of services to you, our business partners involved in the software, applications and/or services we provide to you, and other organisations providing services to us, such as payment processors or hosting services. We direct all such organisations to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf or to us. We may provide aggregated or anonymous information to third parties for the purposes of developing and delivering targeted advertising.

We may use information held about you to verify your compliance with any terms and conditions that may apply to use of our software, applications and/or services. A number of Australian laws, including the Corporations Act 2001 (Cth), require the provision of personal information to third parties. The precise information required to be provided will vary depending on the circumstances requiring disclosure of that information.

We will, wherever possible, maintain personal information in strict confidence. Any disclosure that is required to be made to any third party will be made primarily for the purpose of providing or offering goods and services to you.

Any personal information submitted to us online, including via the software and/or services, may need to be processed by a third party. By submitting personal information online or via the software and/or services, you consent to the disclosure of that information to a third party, who may be located overseas, for the sole purpose of processing the submitted information.

We may also use or disclose personal information about you to avoid, lessen or prevent a serious emergency or crime. If we use or disclose personal information about you in those circumstances we will make a written record of such use or disclosure.

5. Contact

We may use any contact information we hold for you, and where you authorise us we may use notifications to your device or connected third party user account, in order to contact you regarding:

  1. information relevant to your use of our software, applications or services; or
  2. news, information about our activities and other offerings, and general promotional materials which we believe may be useful or of interest to you.

6. Public Information

In certain instances, you may be given the opportunity to provide us with information that we stipulate will be publically available. For example, you may be asked to nominate a public username or profile image, or provide a description of yourself for your public profile. You acknowledge and agree that if you include any personal information in such materials, that personal information may be made publically available.

In certain instances, you may be given the opportunity to provide us with information that we stipulate will be shared with other users of our software, applications or services. For example, you may be able to send a message to another user. You acknowledge and agree that if you include any personal information in such materials, that personal information may be shared with the relevant other users.

7. Third Party Services

You may use third party services:

  1. to obtain our software, applications and/or services (for example, a software marketplace); and/or
  2. in conjunction with our software, applications and/or services (for example, a social networking website).

Your use of these third party services may be subject to separate terms and conditions and privacy policies, and you acknowledge that we are not liable for the use of your personal information by any such third parties.

Our software and services may contain links (including via advertisements) to third party websites or other third party content or services. This privacy policy does not apply to such third party activities, and you should make your own assessment of the privacy policies of these third parties. We strongly recommend you read these third party policies, and the terms and conditions attaching to the third party offerings, prior to access or use.

Mobile Apps Australia Pty Ltd works with a number of third parties and information collected through these partnerships maybe shared. Drummond Golf is a sponsoring partner of Mobile Apps Australia Pty Ltd and any user information and site usage data collected through the partnership maybe shared with Drummond Golf. Read Drummond Golf’s privacy policy.

8. Information Security

Please note that there are inherent risks in transmitting information over the Internet. There is a possibility that this information could be accessed by a third party while in transit. You should make your own assessment of the possible security risks to their information when deciding whether or not to use our software, applications and/or services.

We will take reasonable steps to hold all hard copy and electronic records of your information in a secure manner to ensure that they are protected from unauthorised access, modification or disclosure. However, there is the possibility that, despite our reasonable efforts, your personal information may be subject to unauthorised access, and you assume this risk.

You are responsible for protecting any password selected by you, or issued to you by us, in order to prevent unauthorised access to your personal information. We will delete your personal information once it is no longer needed or required to be kept by law.

9. Data Access & Correction

You may request access to your personal information at any time by sending a written request to our privacy officer by mail Mobile Apps Australia Pty Ltd, PO Box 4511, Robina Town Centre, Queensland 4230, Australia, by facsimile on +617 3356 0429 or by email sales@mobileappsaus.com. You do not need to provide a reason for your request. We may charge a small fee for providing access if it requires a significant amount of time to locate your information or to collect or present it in an appropriate form.

In rare circumstances, and only where it is permitted under the Act, we may not be able to provide you with access to your information. For example, where the requested access will have an unreasonable impact upon the privacy of others or where we are required by law to withhold the information, we may refuse access. If we are unable to provide you with access, we will provide you with reasons for our refusal.

If your personal information is out of date or incorrect, you may inform us of this and we will correct it for you.

10. Transfer of Information Overseas

You expressly agree that we may transfer and store your personal information on servers and equipment located in any territory, including, without limitation, Australia and the United States of America.

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Terms of Use

1. Governing Document

The terms of this document govern the relationship between the user ("you") and Mobile Apps Australia Pty Ltd, ABN 42 158 857 624 ("Company") in respect of your use of the Software and Services.

Permission to use the Software and Services is conditional upon you agreeing to the terms set out in this document. The Software and Services are offered to you on condition that you read and accept this document and agree to be bound by its terms.

By installing, using or accessing the Software or Services you are considered to have accepted the terms set out in this document. If you do not agree with or otherwise wish to accept the terms set out in this document, do not install, use or access the Software and/or the Services.

If you are a minor, you must get your parent or guardian¡¯s permission before installing, using or accessing the Software or Services.

2. Definitions

In this document, unless the context otherwise requires, the following words have the following meanings:

"Apple" means Apple Inc. of 1 Infinite Loop, Cupertino, California.

"Claim" means any action, claim, proceeding or demand whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future.

"Device" means a single device owned or controlled by you.

"Generated Content" means content generated, created, made or otherwise brought about as a result of using the Software and/or the Services.

"Intellectual Property" includes all rights throughout the world in relation to patents, copyright(including moral rights), designs, registered and unregistered trade marks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.

"iOS App Store" means the App Store operated by Apple in respect of its devices running the iOS operating system.

"Loss" means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.

"Provider" means a third party provider that provides you with access to the Software. Examples of potential Providers include Apple, Facebook Inc., and Google Inc.

"Provider Credits" means currency-like credits held by you with a Provider. Facebook Credits are an example of Provider Credits.

"Services" means services offered by the Company for use in conjunction with the Software.

"Software" means the software application licensed by the Company to which this document applies.

"Update" means an update supplied by the Company that replaces or supplements the original Software.

"Virtual Items" means any virtual items or objects for use in the context of the Software and/or Services, and includes any form of virtual currency.

3. Interpretation

In this document, unless the contrary intention appears:

(a) words denoting the singular include the plural and vice versa;

(b) reference to any gender includes all genders;

(c) a reference to a person or entity includes a natural person, a partnership, corporation, trust, association, unincorporated body, authority or other entity;

(d) headings are for convenience only and do not affect interpretation;

(e) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(f) a reference to any document is a reference to that document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;

(g) a reference to a party to this document includes that party¡¯s executors, administrators, successors and permitted assigns;

(h) a reference to ($) or (Dollars) is a reference to Australian currency;

(i) a reference to a recital, clause, schedule or annexure is to a recital, clause (including sub-clause, paragraph, sub-paragraph or further subdivision of a clause), schedule or annexure of or to this document and a reference to a paragraph is to a paragraph in a schedule;

(j) a reference to any books or records or writing includes a reference to such documents or writing in all formats including electronic, disk, magnetic or written format;

(k) a reference to any legislation or legislative provision includes any regulations or other delegated legislation or instruments made or issued under it and any consolidations, amendments, re-enactments or replacements of it and them and any of them;

(l) the word (including) is not to be treated as a word of limitation; and

(m) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this document.

A term which purports to bind or benefit two or more persons binds or benefits them jointly and severally.

4. Software Licence

Subject to the terms of this document, the Company grants you a non-exclusive, non-transferable licence to:

(a) use the Software as permitted by the Usage Rules set forth in the iOS App Store Terms of Service, if the Software was acquired from the iOS App Store; or

(b) use the Software in compliance with the Terms of Service provided by the relevant Digital Storefront, in all other cases.

You must not rent, lease, lend, sell, transfer, redistribute or sublicense the Software, or make the Software available over a network where it could be used by multiple Devices at the same time.If you sell or otherwise dispose of, transfer or assign any Devices containing the Software, you must remove any copies of the Software before doing so.

Other than as expressly provided in this document or otherwise permitted by law, you must not copy,decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, or any part thereof.

The Company retains all right, title and interest to all Intellectual Property rights subsisting in the Software or any part thereof.

5. Updates

The terms of this document (as amended pursuant to clause 21.1), will govern any Updates, unless such an Update is accompanied by a separate licence supplied by the Company in which case the terms of that licence will govern.

You acknowledge and agree that the Company:

(a) is under no obligation to provide any Updates;

(b) can offer optional paid Updates;

(c) can use Updates to add, remove, modify or otherwise alter features of the Software at its sole discretion, and that such changes will not be a breach of this document;

(d) can require you to install Updates to the Software in order to continue using the Services; and

(e) can provide Updates in such a manner that the Software is unable to be reverted to its previous state.

In order to obtain, install, update, access, use, or continue to access or use the Software and/or Services, you may also be required update third party software on your Device.

You acknowledge and agree that:

(f) the Company is not responsible for such third party updates;

(g) such third party updates may be subject to their own terms and conditions, which the Company strongly recommends you review prior to implementing the third party update; and

(h) if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the Software and/or Services.

6. Services

Subject to the terms of this document, the Company grants you a non-exclusive, non-transferable licence to use the Services. You can only use the Services in connection with Software offered by the Company.

You acknowledge and agree that you use the Services at your own risk.

The Company can modify or cease to offer the Services, or any part thereof, at any time without prior notice to you.

To the fullest extent permitted by applicable law, the Company does not accept liability for any Claims or Losses arising directly or indirectly from:

(a) a failure to provide any Software or Service, or any part thereof;

(b) corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any Service or Software;

(c) any suspension or discontinuance of any Service, or any part thereof; or

(d) any use of the Services by other users, including any use of the Services by other users in a manner which contravenes this document.

7. User Account

In order to use the Software and/or the Services, or parts thereof, you may be required to create a user account. The Company reserves the right to terminate your user account at any time if you breach the terms of this document.

You agree that you are responsible for protecting the confidentiality of your password, and that you will be responsible for any activities engaged in using your user account, whether such access is authorised by you or not.

You must not register more than one user account per licensed copy of the Software.

If your user account is terminated by the Company, you must not access any other user accounts, or create any further user accounts.

8. Virtual Items

In using the Software and/or the Services, you may accrue Virtual Items, whether earned through use of the Software and/or the Services, "purchased" with or by the exchange of other Virtual Items, or "purchased" with legal currency or Provider Credits.

You acknowledge and agree that:

(a) the Virtual Items do not exist outside of the Software and/or the Services;

(b) you do not own the Virtual Items, or any real world equivalent to the Virtual Items;

(c) the Virtual Items do not hold any real world value;

(d) you are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any "loss" of or "damage" to your Virtual Items;

(e) you must not trade, sell, or attempt to sell any Virtual Items for real money or any other real consideration, and any attempt to do so will be a breach of this document;

(f) you must not trade, sell, or attempt to sell any Virtual Items for any other Virtual Items except as expressly permitted by the Software or a Service;

(g) the Company can modify the Virtual Items at any time at its sole discretion;

(h) the Company can take away any Virtual Items you may hold at any time at its sole discretion;

(i) the Software and/or the Services may contain bugs or other defects that may result in the loss of Virtual Items;

(j) the Company will reduce the amount of any virtual currency Virtual Items you may hold as this virtual currency is "spent" by you in the course of using the Software or the Services;

(k) the Virtual Items may serve no functional purpose;

(l) you must not steal or otherwise misappropriate the Virtual Items of other users;

(m) in the event that your user account or these terms and conditions are terminated, your Virtual Items may be revoked and you will not be entitled to any refund or other compensation for these Virtual Items; and

(n) to the full extent permitted by law, the Company will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.

9. User Interaction

The Software and/or Services may enable you to communicate with other users, or to post materials that may be made publically available.

You acknowledge and agree that:

(a) any information or material submitted by you using the Software or a Service will be treated by the Company as non-confidential and non-proprietary and the Company can use such material without restriction or compensation to you;

(b) you grant the Company a royalty free, worldwide, non-exclusive, sub-licensable right to use any Intellectual Property and other information or material created or submitted by you using the Software and/or the Services;

(c) you will not use the Software or Services to create, post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, amounts to harassment or is otherwise objectionable;

(d) you will not use the Software or Services to post or transmit any unsolicited advertising or promotional material;

(e) any material that you post or transmit can be removed by the Company without notice at any time, for any reason including no reason;

(f) you will not post or transmit any Intellectual Property or other material owned by another person or entity and you warrant and represent that all material posted is your original work and not sourced from any third party, and that you are the sole owner of all associated Intellectual Property;

(g) you will not post or transmit any material which contains viruses or other computer code, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

(h) the Company does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users of the Software or Services, and the Company is not liable for any Loss or Claim resulting from any action taken or reliance made by you regarding any Intellectual Property or other information or material obtained from another user and/or made available by another user; and

(i) you, and not the Company, are responsible for resolving any disputes you may have with other users of the Software or Services.

10. Advertising

You acknowledge and agree that:

(a) the Software and/or the Services may feature advertisements from the Company and/or third parties;

(b) the Company may at its sole discretion introduce advertising into any Software or Services that do not presently contain advertising;

(c) the Company is not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view such third party websites and materials at your sole risk; and

(d) the provision of information to third party advertisers by the Company is permitted and governed by the Company¡¯s Privacy Policy (see clause 19).

11. Your Obligations

You can only use the Software and/or Services if the requirements set out below are met. You warrant and represent that the following statements are true and correct:

(a) you are not located in a country that is subject to an embargo by the government of the United State of America; and

(b) you are not included on any list of prohibited or restricted parties by the government of the United State of America.

Access to the Software and/or Services, or parts thereof, may require your Device to be connected to the internet or require other third party services.

You must comply with any applicable third party terms of agreement when using the Software and/or Services. You are responsible for ensuring that your installation and use of the Software and/or Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

You agree that you will not:

(c) use or promote the use of any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in your use of, the Software and/or the Services;

(d) attempt to disrupt the normal operation of the Software or Services, or any infrastructure operated by the Company or other business activities of the Company;

(e) attempt to gain unauthorised access to the Software and/or the Services;

(f) make any automated use of the Software and/or the Services;

(g) impersonate any other person in your use of the Software and/or Services; or

(h) use the Software and/or the Services in connection with the actual or attempted contravention of any applicable laws.

12. iOS App Store

If you obtained the Software from the iOS App Store, you and the Company acknowledge and agree that:

(a) this document is concluded between you and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for the Software and the content thereof;

(b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software, either under this document or applicable law;

(c) the Company, not Apple, is responsible for addressing any Claims of you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to:

(i) product liability Claims;

(ii) any Claim that the Software fails to conform to any applicable legal or regulatory requirement; and

(iii) Claims arising under consumer protection or similar legislation;

(d) in the event of any third party Claim that the Software or your possession and/or use of the Software infringes that third party¡¯s Intellectual Property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;

(e) Apple, and Apple¡¯s subsidiaries, are third party beneficiaries of this document; and

(f) upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.

13. All Other Digital Storefronts

If you obtained the Software from a Digital Storefront, you and the Company acknowledge and agree that:

(a) this document is concluded between you and the Company only, and not with the Digital Storefront, and the Company, not the Digital Storefront, is solely responsible for the Software and the content thereof;

(b) The Digital Storefront has no obligation whatsoever to furnish any maintenance and support services with respect to the Software, either under this document or applicable law;

(c) the Company, not the Digital Storefront, is responsible for addressing any Claims of you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to:

(i) product liability Claims;

(ii) any Claim that the Software fails to conform to any applicable legal or regulatory requirement; and

(iii) Claims arising under consumer protection or similar legislation;

(d) in the event of any third party Claim that the Software or your possession and/or use of the Software infringes that third party¡¯s Intellectual Property rights, the Company, not the Digital Storefront, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;

(e) The Digital Storefront, and it¡¯s subsidiaries, are third party beneficiaries of this document; and

(f) upon your acceptance of this document, the Digital Storefront will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.

14. Support

Unless otherwise specified or agreed pursuant to a separate written agreement between you and the Company, the Company will not be obliged to support the Software or the Service, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the Software or the Service by you.

15. Third Party Services

You can use third party services:

(a) to obtain the Software and/or Services (for example, from a Provider¡¯s software marketplace); and/or

(b) in conjunction with the Software and/or Services (for example, a social networking website). Further, in order to obtain, install, update, access, use, or continue to access or use the Software and/or Services, you may be required to use certain third party services.

Your use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that the Company is not liable for the activities of any such third parties.

The Software and Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third party content or services may be subject to separate terms and conditions.

16. Duration of Software Licence

Subject to the remainder of this clause, the licence granted to you in clause 4 is granted in perpetuity. This licence can be immediately terminated by the Company in the following circumstances:

(a) you are in breach of any term of this document, or threaten to breach any term of this document;

(b) you, being a corporation, become the subject of insolvency proceedings, or threaten to do so;

(c) you, being a firm or partnership, are dissolved, or threaten to be dissolved;

(d) you destroy the Software for any reason, or threaten to do so; or

(e) you so elect in writing.

Upon termination, you or your representative will destroy any remaining copies of the Software and any associated documentation or otherwise return or dispose of such material in the manner directed by the Company.

Termination pursuant to this clause will not affect any rights or remedies which the Company may have otherwise under this document or at law.

Nothing in this clause limits any right the Company may have pursuant to this document to modify the Software by way of Update, including by removing any features from the Software, or to modify or cease offering the Services or any part thereof.

17. Warranty

You acknowledge that the Software and Services cannot be guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of this document.

Except as expressly provided to the contrary in this document, and to the full extent permitted by applicable law, the Company will not be liable to you for any Loss, including special, indirect or consequential damages (such as loss of profits), or Claim, arising out of breach of this document or arising out of the supply of defective Software or Services.

Without limiting the preceding paragraph, to the full extent permitted by applicable law, the Company¡¯s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by the Company, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at the Company¡¯s option):

(a) in the case of goods, including the Software (to the extent the Software is considered a good under applicable law) ¨C repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to the you; or

(b) in the case of services, including the Services ¨C supplying the services again or paying the cost of having the services supplied again.

Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, our maximum aggregate liability to you for any Losses you incur or Claims you make against us is limited to the sum of AUD$10.

You acknowledge that you have exercised your independent judgment in acquiring the Software and the Services and have not relied on any representation made by the Company which has not been stated expressly in this document or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Company.

If you purchased the Software from the iOS App Store, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other Claims, Losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by the Company in accordance with this document.

18. Intellectual Property

Entry into this document does not constitute a transfer or conveyance of any Intellectual Property owned by the Company as at the date of this document, including but not limited to all Intellectual Property associated with the Software and the Services.

You acknowledge that the Software and materials provided in the course of the Services are protected by copyright and may also be protected as other forms of Intellectual Property owned by the Company. You will not during or at any time after the termination of this document undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights and, without limiting the generality of the foregoing, you specifically acknowledge that you must not copy the Software except as otherwise expressly authorised or acknowledged by this document.

You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Software or the Services, or any output from the Software or any files related to the Software or the Services.

You will indemnify the Company fully against all liabilities, costs, Losses, Claims and expenses which the Company may incur to a third party as a result of your breach of any of the provisions of this document.

The Software and/or the Services may allow you to create Generated Content. To the extent that any Generated Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your Generated Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your Generated Content.

19. Security

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst the Company strives to protect such information, it does not warrant and cannot ensure the security of any information you transmit to it. Accordingly, any information which you transmit to the Company is transmitted at your own risk. Nevertheless, once the Company receives your transmission, it will take reasonable steps to preserve the security of such information.

You must take your own precautions to ensure that the process which you employ for accessing the Software and/or the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. For the removal of doubt, the Company does not accept responsibility for any interference or damage to your Devices which arises in connection with your use of the Software and/or the Services.

20. Privacy

The Company undertakes to comply with the terms of its Privacy Policy in respect of the Software and the Services. This can be viewed at mobileappsaus.com/privacy, and this Privacy Policy is incorporated into, and forms part of, the terms of this document.

21. General

21.1 Amendment

The Company reserves the right to amend, revise or replace this document from time to time. Amendments, revisions and replacements will be effective immediately upon posting at mobileappsaus.com/terms. Your continued use of the Software or Services following such notification represents your agreement to be bound by the terms of this document as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.

21.2 Waiver

No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under this document.

21.3 Severance

If any provision of this document is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.

21.4 Governing Law

This document is governed exclusively by the law in force in Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Registry of the Federal Court of Australia in that State in respect of all proceedings arising in connection with this document.

21.5 Assignment

You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of the Company which consent can be granted or withheld in the absolute discretion of the Company.

The Company can assign, novate or otherwise transfer any of its rights or obligations under this document at its sole discretion, without notice to you.

21.6 Force Majeure

Notwithstanding anything else contained in this document, the Company will not be liable for any delay in or failure to comply with this document if such delay or failure is caused by circumstances beyond that party¡¯s reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.

22. Contact

In the event that you need to contact the Company regarding this please email sales@mobileappsaus.com .