1. Acceptance
These Mobiledock End User Terms together with the Mobiledock Privacy Policy and the Acceptable Use Policy ("Terms") form a legally binding agreement between you and Mobiledock Pty Ltd, 150 Albert Road, South Melbourne, Victoria 3205, Australia ("Mobiledock") that govern the access and use of services, applications, software, websites, content, data, platforms, APIs or other materials made available to you by Mobiledock ("Mobiledock Products"). By using Mobiledock Products or by explicitly clicking to accept these Terms where this option is made available to you by Mobiledock, you unconditionally accept the Terms.
“You” as used herein refers to you as an individual end user of Mobiledock Products and/or the company or other legal entity which uses Mobiledock Products for its internal business purposes and on behalf of which you are using the Mobiledock Products ("you" or "your").
2. Minimum Age and Authorization
To use Mobiledock Products as an individual end user, you must be at least sixteen (16) years of age or the age required in the Mobiledock Privacy Policy unless otherwise required by the applicable laws.
If you as an individual user are accepting the Terms on behalf of the company or other legal entity, you represent and warrant that you have the authority to do so.
3. Personal Data
The Mobiledock Privacy Policy govern the use of your personal data, and includes a link to our Cookie Policy.
4. Licenses
Subject to your full and continued compliance with the Terms and the applicable laws, Mobiledock grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited personal license to access Mobiledock Products for your own use or use within your company.
5. Supplier Content, Third-Party Websites and Additional Terms
Mobiledock Products may include content from suppliers which are subject to the acknowledgements and terms available here or links to third party websites. You hereby agree to adhere to the terms applicable to such third-party content. Mobiledock is not responsible for third party websites and a link to such website does not imply any endorsement of such website. Additional terms of third-party content, products or services may apply where made accessible via Mobiledock Products.
6. Your Content
You may be able to submit content or other information ("Your Content") to Mobiledock. Unless otherwise agreed with Mobiledock in accordance with clause 20 of the Terms below, you must own or otherwise control all rights, including copyrights, to Your Content and Mobiledock does not claim ownership in Your Content.
By submitting Your Content to Mobiledock, you grant Mobiledock, its affiliates and its suppliers a world-wide, non-exclusive, sub-licensable, royalty-free, perpetual and irrevocable license to use, store, copy, publicly perform, display, distribute, modify and create derivative works from Your Content for the purposes of providing, promoting, monetizing and improving Mobiledock Products and other products and services by Mobiledock, its affiliates, and its suppliers.
Mobiledock may remove any content stored, sent or otherwise processed via Mobiledock Products if necessary to protect its rights or the rights of third parties. Mobiledock may do so with immediate effect and without prior notice, but it will try to inform you in advance to give you reasonable time to mitigate the infringement itself. To the extent permitted by law, Mobiledock shall inform you of any reports received from a third party alleging infringement of their rights with respect to data uploaded by you.
7. Feedback
You may but have no obligation to provide feedback, comments, ideas or other suggestions regarding Mobiledock Products ("Feedback") to Mobiledock, via email to assistance@Mobiledock.com. If you provide any Feedback to Mobiledock, you agree that Mobiledock, its affiliates and its suppliers may use such Feedback for any purpose, without limitation and without any obligation to you.
8. Acceptable Use Policy
Your use of Mobiledock Products is subject to your compliance with the Acceptable Use Policy. Any restrictions mentioned in the Acceptable Use Policy, the Terms or otherwise described by Mobiledock do not apply to the extent that such use cannot be prohibited by Mobiledock contractually due to applicable common law .
9. Modifications and Availability of Mobiledock Products
To the maximum extent permitted by applicable common, Mobiledock may, in its sole discretion, modify, update, discontinue or limit the availability of Mobiledock Products in whole or in part, such as for reasons related to maintenance, development of functionality, or requiring payment for functionality that was previously provided free-of-charge. Mobiledock will strive to provide a notification of changes that may significantly impact the use of Mobiledock Products to the end users of Mobiledock Products.
Mobiledock Products may not be accessible from all countries, may be provided only in selected languages and may not be available during maintenance breaks and operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
Your discontinuation of the use of Mobiledock Products at any time may result in deletion of Your Content from Mobiledock Products.
10. Exclusion of Warranty
MOBILEDOCK PRODUCTS ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE COMMON LAW, NEITHER MOBILEDOCK, ITS AFFILIATES NOR ITS SUPPLIERS WARRANT THAT MOBILEDOCK PRODUCTS WILL BE UNINTERRUPTED, ERROR OR VIRUS-FREE, ACCURATE OR COMPLETE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT FROM OR WITHIN MOBILEDOCK PRODUCTS.
11. Limitation of Liability
YOUR USE OF MOBILEDOCK PRODUCTS IS AT YOUR OWN DISCRETION AND SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY COMMON LAW, MOBILEDOCK, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR LOST PROFITS, LOST REVENUES, LOSS OR RECOVERY OF DATA, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR EXPENSES OF ANY KIND. IN NO EVENT SHALL THE TOTAL LIABILITY OF MOBILEDOCK, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM (E.G. TORT, CONTRACT OR OTHERWISE), AGAINST MOBILEDOCK,ITS AFFILIATES, CONTRACTORS OR SUPPLIERS TO YOU EXCEED THE AMOUNT OF ZERO AUSTRALIAN DOLLARS ($0.00 AUD). THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS SHALL NOT APPLY TO DAMAGES AS A RESULT OF INTENT OR DELIBERATE RECKLESSNESS BY MOBILEDOCK.
12. Your safe use of Mobiledock Products
Location or map data, directions or other features or content included in or accessible by Mobiledock Products may be inaccurate or incomplete and may depend on network availability. You need to rely on your own judgement and take into account the real-world conditions. You are responsible for your own conduct and must observe the local laws when using Mobiledock Products. Mobiledock Products are not intended to be relied upon in situations where precise data is needed or where inaccurate or incomplete data may lead to death, personal injury.
13. Indemnification
You agree to indemnify and hold harmless Mobiledock, its affiliates, contractors and suppliers from any demands, loss, liability, claims or expenses (including attorney’s fees) arising out of or related to your violation of any of the Terms and/or out of the use of Mobiledock Products.
14. Choice of Law and Venue
The Terms are exclusively governed by the laws of the Australia without regard to its conflicts of law provisions. Any dispute between you and Mobiledock related to the Terms or the use of Mobiledock Products shall be submitted to the competent court in Melbourne, Australia. This exclusive designation of applicable law and forum shall leave unaffected your rights under the common laws of your own country of residence in the European Union.
15. Changes in Terms
Mobiledock may modify the Terms at any time without prior notice.
You are responsible for regularly reviewing the Terms. You hereby agree that your continued use of Mobiledock Products constitutes your compelling evidence of your consent to any changes and modification. If you do not agree to the Terms, you may not continue to use Mobiledock Products.
16. Intellectual Property
Mobiledock and its suppliers retain all intellectual property and other rights, title and interest in Mobiledock Products and in all other Mobiledock products, content, software and other properties provided or used through Mobiledock Products.
17. Term and Termination
The agreement under the Terms becomes valid when you have accepted the Terms or start using Mobiledock Products, whichever occurs earlier. You may terminate the agreement under the Terms at any time by ceasing to use Mobiledock Products and any and all rights granted to you by Mobiledock under the Terms will automatically and immediately be revoked. Mobiledock may suspend your access to Mobiledock Products or terminate agreement (a) with immediate effect and without a prior notice in case you are in breach of the Terms or Mobiledock reasonably believes that you are in breach of the Terms or applicable law or have not used Mobiledock Products for a period of twelve (12) month; and (b) for any reason with three (3) months prior written notice. The provisions of the Terms that are intended to survive termination, such as all rights granted by you to Mobiledock and any indemnifications provided by you to Mobiledock, remain valid after termination.
18. US Government End Users
Mobiledock Products are "Commercial Items" as that term is defined at 48 C.F.R. 2.101 and may only be licensed to United States Government end users as Commercial Items in accordance with the Terms.
19. Copyright Infringement Notices
If you believe that your copyright(s) have been infringed in Mobiledock Products you may provide a notice by (a) email with "Copyright Infringement Notice" in the subject line to assistance@mobiledock.com, (b) by mailing a document titled "Copyright Infringement Notice" to Mobiledock Pty Ltd, Attn: Copyright Agent/Legal Department, Level 1, 150 Albert Road, South Melbourne, Victoria 3205, Australia or (c) via an online form, if available. In your notice you must:
• identify the original copyrighted work you claim is infringed;
• identify the content in Mobiledock Products that you claim is infringing the copyrighted work and where it is located;
• provide your full name, mailing address, telephone number, and email address;
• provide a statement that you have a good faith belief that the disputed is not authorised by the copyright owner, its agent, or the law;
• provide a statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner, or are authorized to act on behalf of the copyright owner of an exclusive right that is claimed to be infringed; and
• provide your physical or electronic signature.
20. Order of Precedence
You may have executed a separate agreement with Mobiledock for the use of Mobiledock Products. In case of any conflict between such separate agreement and the Terms, the terms of the separate agreement prevail.
21. Miscellaneous
The Terms are between you and Mobiledock, except to the extent explicitly mentioned otherwise in the Terms. If a provision in the Terms is not enforceable under applicable common law, then the unenforceable part of the provision shall be removed, and the other provisions remain in full force and effect. There will not be any waiver of Mobiledock’s rights unless expressly agreed to by Mobiledock in writing. You may not assign or transfer your rights and obligations under the Terms without Mobiledock’s express written consent. Mobiledock may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any company under common control with Mobiledock. Additionally, Mobiledock may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets or by operation of law.