Interact Technology end user licence agreement

 

This end user licence agreement (EULA) is a binding agreement between You and Interact Technology Pty Ltd (ABN 70 601 650 686). It contains the terms and conditions for Your use of the Software.

By downloading, installing or otherwise using the Software, You are agreeing to be bound by the terms and conditions of this licence.

From time to time, the licence terms may change. If so, the updated licence terms will accompany any Updates and by downloading, installing or otherwise using any Updates, You agree to the modified terms. You can also find the current licence terms at any time on the Interact Technology website http://www.interact.technology. Please check this webpage regularly so You are aware of changes to the terms.

This Software is licensed for use in the Territory under the terms and conditions of this licence.

 

  1. TERMS USED IN THIS AGREEMENT

The meaning of capitalised terms used in this licence, and the rules for interpreting the agreement are set out in clause 11.

 

  1. GRANT OF LICENCE

2.1 Interact Technology grants You a non-exclusive, non-transferable, non-sublicensable right to use the Software and the Documentation in the Territory, subject to the terms and conditions of this agreement. The Software can be used on any enabled device that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, available at http://www.apple.com/legal/internet-services/itunes/au/terms.html.

2.2 You must become a registered user in order to use the Software or the Documentation and to access the Content.

2.3 Your use of the Software must be in accordance with relevant Interact Technology Documentation and policies and access to the content in accordance with any specific requirements of the Content provider.

2.4 You acknowledge that any and all Intellectual Property Rights that subsist in or arise in connection with the Software or the Documentation anywhere in the world and any relevant trade mark rights belong to Interact Technology.

2.5 You acknowledge that You do not have, and this licence does not confer on You, any Intellectual Property Right, title or interest in the Software, the Documentation, or the Content or any proprietary information otherwise provided to You relating to the Software, the Documentation or the Content.

2.6 You may make a limited number of copies of the Software as is strictly necessary for backup purposes only (e.g. a standard iTunes backup).

2.7 You do not have the right to use, copy, communicate, distribute, modify or adapt any Content except if implicitly allowed by the Content Provider enabling editing and forwarding capability within that specific piece of content. (You agree not to remove, obscure, or alter any copyright notice (or notice relating to any proprietary rights) or any trademark / name / logo / branding element on any Content or Software screen.

2.8 You must not contravene any applicable laws when using the Software to access, view, listen to or use the Content

 

  1. UPDATES

3.1 Updates may be available from time to time, at the sole discretion of Interact Technology.

3.2 At any time, Interact Technology may cease to make available updates or any internet-based services used with the Software.

3.3 These licence terms apply to all Updates, unless Interact Technology indicates that different terms apply.

3.4  Interact Technology or Interact Technology at the request of the content provider may send you direct communications and information that we consider may be of interest to you. These communications may be sent in various forms, including SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). In addition, at any time, you may opt-out of receiving these communications from us by contacting us or by using the opt-out facilities provided (e.g. an unsubscribe link). We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.

 

  1. CONTENT

4.1 The Software provides access to Content for viewing, reading, listening or other use, including interactive use

4.2 You are permitted to access, read, view, listen or otherwise use the Content in the Territory.  

4.3 All Intellectual Property Rights in:

(a) the Software (including the design and layout of the Software screens); or

(b) the Content provided to You by Content Provider that has permitted Interact Technology to make the Content accessible via the Software,

are reserved to Interact Technology and the relevant Content Provider(s).

4.4 The Software does not allow permanent download of Content. All Content is provided for Your personal non-commercial use.  

4.5 You must not republish, circulate, copy, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble any Software or Content, or authorise, allow or provide the means for others to do any of these things, except as allowed under clause 2.7, without Interact Technology’s prior written consent and, where applicable, the prior written consent of the relevant Content Provider.

4.6 Editorial control of Content is the responsibility of the Content Provider.

4.7 The period of time during which You may access Content using the Software (the Access Period) may vary at the discretion of the relevant Content provider.

 

  1. DIGITAL RIGHTS MANAGEMENT

Interact Technology and its Licensed Providers may embed digital rights management security in the Software or certain Content and/or use other technical Content protection measures as required to protect Content from unauthorised access. You must not, and must not authorise, allow or provide the means for others to, adjust or circumvent or try to adjust or circumvent these technical measures.

 

  1. PRIVACY

6.1 Interact Technology collects certain information about Your usage of the Software on an anonymous basis. This non-personal usage information is used to analyse end user behaviour and consumption of Content accessible via the Software. Usage information may be received, recorded or accessed by third party service providers (e.g. Apple iTunes).

6.2 Interact Technology will not associate Your usage information with any personal information about You or any other information relating to You, such as mobile device IDs or unique IP addresses, unless compelled to do so by law or regulatory or judicial order.

6.3 Our Licensed Providers who You have already consented to contact You may invite You to access their content and to interact with them through the Software. By accepting the invitation, Licensed Providers may collect usage information to improve the quality of the Content and service they provide You. At any time, You can stop using Content or services, reject the invitation or delete the Software. Interact Technology requires Licensed Providers to comply with all applicable privacy laws.  

6.4 Any personal details and data acquired by Interact Technology from Your use of the Software and any Content and will be used only in accordance with the Interact Technology. (Link to privacy policy)

6.5 You agree that You must not infringe or try to infringe the privacy or other rights of any other users of the Software or any other person, including by storing or trying to store, or screen scraping personal data or usage details about any such user or other person.

6.6 Interact Technology agrees to comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) in relation to any personal information collected or held by it arising out of Your use of the Software.  

 

  1. EXPENSES AND EQUIPMENT

You are solely responsible for paying all expenses You may incur when You use the Software to access Content including Your internet or data service provider charges and any excess charges to that provider if You have a limit on the amount of data You can download together with all costs of the equipment and software You need to connect to and use the Software. Interact Technology is not responsible if Your equipment or any software is not compatible with the Software.

 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 The Software and the Content are provided on an "as is" and "as available" basis. You understand and agree that You use the Software at Your own discretion and risk and that You will be solely responsible for any damage or loss whatsoever that results from such use.

8.2 Neither Interact Technology nor any of its Licensed Providers guarantee that the Software and all Content will always be available or be uninterrupted, timely, secure or free from errors and omissions or computer viruses.

8.3 Interact Technology and its Licensed Providers disclaim to the fullest extent permitted by law all guarantees, warranties or representations of merchantability, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of the Software and any Content.

8.4 Interact Technology is not responsible for the Content, availability or performance of external sites linked to or hosting any Content.

8.5 You represent and warrant that You are:

  1. i) 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
  2. ii) Not listed on any U.S. Government list of prohibited or restricted parties.

 

  1. GOVERNING LAW

This deed shall be governed and construed in accordance with the laws of New South Wales, Australia, and the parties hereby submit to the exclusive jurisdiction of the Courts of New South Wales, Australia.

 

  1. Supplemental Terms for Apple iOS Devices (iPad, iPhone, iPod touch etc.)

The following terms and conditions shall only apply with respect to any version of the Software for iOS devices:

10.1 You and Interact Technology acknowledge that Apple play no part in this agreement. Interact Technology Pty Ltd is solely responsible for the licensed application and its Content providers for the Content there of. Notwithstanding any other provision of this Agreement, this Agreement shall not be construed as providing for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective date.

10.2 Interact Technology is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this Agreement, or as required under applicable law. You and Interact Technology acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

10.3 Interact Technology is solely responsible for any product warranties with respect to the Software, whether express or implied by law, to the extent not effectively disclaimed in this Agreement. In the event of any failure of the Software to conform to any applicable warranty, You may notify Apple, and Apple will refund to You the purchase price, if any, for the Software; and, 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, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty will be Interact Technology’s sole responsibility.

10.4 You and Interact Technology acknowledge that Apple has no responsibility for addressing any claims of the end-user 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 Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This agreement does not limit Interact Technology’s liability to You beyond what is permitted by applicable law.

10.5 You and Interact Technology acknowledge that, in the event of any third party claim that the Software or Your possession and use of the Software infringes that third party’s intellectual property rights, as between Interact Technology and Apple, Interact Technology, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided that You will be responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim caused by any act or omission by You in breach of this Agreement.

10.6 You agree to comply with any applicable third party terms of the agreement when using the Software.

10.7 You and Interact Technology acknowledge and agree that Apple, and Apple’s subsidiaries are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.

 

  1. INTERPRETATION AND DEFINITIONS

 

11.1 Definitions

In this agreement, unless the context otherwise requires, the following definitions apply:

Access Period is as per the definition given in 4.7.

Agreement means this end user licence and any Interact Technology policies or documents referred to in this document, including Interact Technology’s privacy policy.

Content means any one or more of video, audio, images, text, logos, names, designs, trademarks, websites, apps, copyright (in literary, artistic and musical works, and subject matter other than works, including published editions, cinematographic films, sound recordings). Content is proprietary and made available typically by a third party that is accessible (for reading, viewing, listening or otherwise using including interactive use) through the Software.  Content is proprietary and made available typically by a third party that is accessible (for reading, viewing, listening or otherwise using including interactive use) through the Software.

Licenced Provider is the entity or organisation that has Your contact details, has invited You to receive Content and upon acceptance of that invitation, makes available Content that can be accessed via the Software.

Documentation means any user or support documentation, including on-line help files, relating to the Software.

Intellectual Property Rights means (i) rights in patents, registered designs, design rights, trade marks, copyright, databases and compilations, moral rights, topography rights, and trade and business names, including the benefit of all registrations and applications to register any of the aforesaid; (ii) rights in the nature of unfair competition rights and rights to sue for passing off; and (iii) all trade secret, confidentiality and other proprietary rights, including all rights to know-how and other technical information. It includes the layout and design of the Software Screens or any trademark/logo/brand used by Interact Technology or Content providers.

Interact Technology means Interact Technology Pty Limited (ACN 601 650 686) of Suite 204, Level 2, 37 Pitt St, Sydney, NSW, 2000, Australia.

Software means the suite of software offered by Interact Technology, including any add-ons, plug-ins, APIs or internet components provided by Interact Technology plus any third party software embedded in or provided with the Software. However, the Software does not include Content or any third party software that you choose to link to.

Territory means any country that is not subject to a U.S. Government embargo, or that has not been designated by the U.S. Government as a “terrorist supporting” country  

You or Your is a reference to You as an end user of the Software.

Updates means any generally released updates, upgrades, patches and bug fixes released at Interact Technology’s sole discretion.

11.2 Interpretation

(a) In this agreement, unless the context requires another meaning, a reference:  

  1. to the singular includes the plural and vice versa;
  2. to a document (including this agreement) is a reference to that document (including any Schedules and Appendices) as amended, consolidated, supplemented, novated or replaced; a law includes any legislation, judgment, rule of common law or equity, and is a reference to that law as amended, consolidated, supplemented or replaced and includes a reference to any regulation, by-law or other subordinate legislation;

iii. to proceedings includes litigation, arbitration and investigation;  

  1. to a judgment includes an order, injunction, decree, determination or award of any court or tribunal; and
  2. to the words "including" or "includes" means "including, but not limited to", or "includes, without limitation" respectively.

(b) Headings are for convenience only and do not affect interpretation of this agreement.  

(c) This agreement may not be construed adversely to a party only because that party was responsible for preparing it.

 

  1. CONTACT DETAILS

If You have an questions, comments with respect to the Software please direct them to:

Interact Technology Pty Ltd

Suite 204, Level 2

37 Pitt St

Sydney, NSW, 2000

Email: support@interact.technology

Phone: 1300 778 284

 

Last Updated: 1st May 2018