LEGAL INFORMATION
Contractual Terms of Use of the Dusk Mobile Intelligent Operations Platform (IOP).
If you access any content or data on the Dusk Mobile Intelligent Operations Platform, (including its website, mobile site or apps and voice assistant products), you agree to be bound by these terms.
These terms of use and our Privacy Policy form the basis on which you may access and use our platform, including its websites, any subdomains of those websites, mobile sites, apps, voice assistant products, APIs and widgets (together called “our platform” in these terms). For APIs, the additional terms of use are available here.
We reserve the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our Intelligent Operations Platform constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our Intelligent Operations Platform your sole option is to immediately cease your use of our Intelligent Operations Platform.
We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Dusk Mobile is responsible for maintaining our Intelligent Operations Platform and make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Intelligent Operations Platform by or on behalf of Dusk Mobile) and Dusk Mobile and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.
Restrictions on use of our Intelligent Operations Platform
In accessing or using our Intelligent Operations Platform you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, or index our Intelligent Operations Platform;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Intelligent Operations Platform;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate usage;
(d) use or index any content or data on our Intelligent Operations Platform for purposes of:
(i) competing with us in any manner that we have not specifically authorised;
(e) use our Intelligent Operations Platform or any content from our Intelligent Operations Platform in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
(f) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(g) pose as any person or entity or attempt to solicit money, passwords, or personal information from any person;
(h) act in violation of any Term of Use or other condition posed by us or any applicable law;
(i) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, or in any way exploit our Intelligent Operations Platform, except as expressly authorised by us; or
(j) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Intelligent Operations Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
Copyright
The subject matter on and accessible from our Intelligent Operations Platform and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, Dusk Mobile grants visitors permission to download copyright material only for private and non-commercial purposes. For reproduction or use of Dusk Mobile copyright material beyond such use, written permission must be obtained directly from Dusk Mobile or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Contributions
In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that Dusk Mobile has permitted you to host, share, publish, post, store or upload on our Intelligent Operations Platform, Knowledge Base or Community as permitted under these terms.
Dusk Mobile may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, Dusk Mobile may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of our Intelligent Operations Platform;
(iii) likely to cause offence;
(iv) materially incorrect;
(v) obscene;
(vi) defamatory;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. Dusk Mobile is under no obligation to treat your Contributions as proprietary information.
You grant Dusk Mobile, in respect of Contributions to its Knowledge Base or Community the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Dusk Mobile to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
(b) You understand that when accessing our Intelligent Operations Platform, you may be exposed to the Contributions of other users of our Intelligent Operations Platform. You acknowledge and agree that Dusk Mobile does not have control of and is not responsible for these other Contributions. You release Dusk Mobile from any claims that you could assert against Dusk Mobile relating to or in connection with these other Contributions.
You represent and warrant that:
(a) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Dusk Mobile to display your Contributions; and
(b) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of our platform.
Third Party Content
Our platform contains content provided to Dusk Mobile by other parties (Third Party Content). Dusk Mobile does not have a practice of monitoring or making inquiries about Third Party Content. Dusk Mobile is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Dusk Mobile. You rely on Third Party Content completely at your own risk.
Intelligent Operations Platform providers
Our apps and voice assistant products are provided subject to the platform or software provider’s terms.
(a) Apple
If you download our app through the Apple App Store, you acknowledge that these terms incorporate an end user licence agreement between you and Dusk Mobile. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable licence to use the app on any iPhone or iPad that you own or control. You must comply with the Usage Rules in the App Store Terms.
You acknowledge that:
- Dusk Mobile (not Apple) is solely responsible for the app and its contents; and
- Apple is not required to provide maintenance or support services for the app.
If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.
Dusk Mobile is (and Apple is not) responsible for:
- addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
- investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims you can contact us at support@duskmobile.com via the ‘Support & Updates’ option on the app User menu or by calling 03 9071 0333.
You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
(b) Android
Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
(c) Google Maps
Your use of Google Maps is subject to the Google Maps Terms of Service and Google Privacy Policy.
Editorial content
Any editorial content or articles on our Knowledge Base or Community are of a general nature only and do not consider your personal objectives. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
Further warranties
You represent and warrant that:
(a) your use of our Intelligent Operations Platform will comply at all times with these terms and any directions we make to you in relation to your use of our Intelligent Operations Platform from time to time;
(b) you will make sure that you keep your username and password by which you access the Dusk Mobile Intelligent Operations Platform confidential and secure at all times; and
(c) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Dusk Mobile.
Indemnity
You agree to indemnify and hold Dusk Mobile and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to our Intelligent Operations Platform or making Contributions not in accordance with these terms.
Limitation of liability
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL DUSK MOBILE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF DUSK MOBILE AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
Jurisdiction
Your use of our Intelligent Operations Platform, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our Intelligent Operations Platform you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
© Dusk Mobile
Last update February 2020