Patronus Mobile Pty Ltd

ABN 77 128 002 764
Terms and Conditions

                        
PATRONUS MOBILE PTY LTD
ABN 77 128 002 764

LICENCE AGREEMENT

PATRONUS MOBILE PTY LTD DOES NOT GUARANTEE THAT THE OPENBOOK SOFTWARE INSTALLED ON THE MOBILE DEVICE WILL BE ABLE TO TRACK EVERY COMMUNICATION UNDER ALL CIRCUMSTANCES. MANY DIFFERENT FACTORS CAN AFFECT THE OPENBOOK SERVICE, INCLUDING BUT NOT LIMITED TO DELIBERATE TAMPERING, TELEPHONE PROVIDER MAINTENANCE OR OUTAGES, AND DEVICE CONDITION. PATRONUS MOBILE PTY LTD DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR REAL TIME DELIVERY OF ANY INFORMATION, INCLUDING MESSAGING ACTIVITY AND/OR ALERTING INFORMATION.

The following Terms of Use constitute a legal agreement between the registered User and Patronus Mobile Pty Ltd.
Access to and use of the OPENBOOK software and the PatronusMobile.com.au  Internet web site (jointly called THE SERVICE) is subject to these Terms of Use.
By accessing and using THE SERVICE the User accepts these Terms of Use and agrees to be legally bound by them.
Where the User is a Corporate User the Terms of Use will be binding upon the User and the entity for which the User is acting in the role of an authorised representative.
The User warrants and represents to Patronus Mobile Pty Ltd that he/she is at least 18 years old and has the legal capacity to agree to and be bound by these Terms of Use.
If the User is acting on behalf of a corporation or other entity or person, the User warrants and represents to Patronus Mobile Pty Ltd that he/she has the legal capacity, power and authority to enter into and bind the entity the User represents to these Terms of Use and carry out all obligations hereto, without the need to obtain prior or later approval of any other person or entity.
If you do not agree to these Terms of Use, you are not authorised to access or use THE SERVICE.
In order to receive the OPENBOOK software and complete the registration process through the PatronusMobile.com.au internet web site, you must separately accept the OPENBOOK End User License Agreement (?License Agreement?).  By clicking the "I Agree" button which follows the License Agreement  you accept and agree to be bound by all of the provisions of the License Agreement, including those incorporated by reference, without exception, deletion or alteration.
1. USER AGREEMENT
As a condition of your use of THE SERVICE, you agree that you will not use THE SERVICE  :
·	for any purpose that is unlawful or contrary to these Terms of Use;
·	in any manner that could damage, disable, overburden, impair, or interfere with THE SERVICE;
·	to attempt to gain unauthorised access to any other user?s account, computer systems or networks associated with THE SERVICE;
·	to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through THE SERVICE.
You acknowledge and agree that all the content delivered by THE SERVICE can only be posted by a wireless connection from your device.
There is no specific time limit applying to your access and use of THE SERVICE under these Terms of Use. Patronus Mobile Pty Ltd reserves the right to suspend or terminate your access and use of THE SERVICE at any time, in its sole discretion, and may exercise this right with 7 DAYS notice. Any such notice will be given, to your last known e-mail address and registered phone number.
2. USE OF CONTENT
If you would like to link to the PatronusMobile.com.au site you must read and comply with the following guidelines and all applicable laws.
Activities prohibited from being undertaken by linking sites include but are not limited to:
·	Content retrieved from the PatronusMobile.com.au site must not be edited and must be presented in such a manner as to specifically acknowledge the source of the data;
·	Must not in any way imply that Patronus Mobile Pty Ltd is endorsing the products or services of the linking site;
·	In the absence of a specific written agreement with Patronus Mobile Pty Ltd must not misrepresent by implication the existence of a relationship with Patronus Mobile Pty Ltd;
·	Must not present false information about Patronus Mobile Pty Ltd services and/or offerings;
·	Must not be a web site or WAP site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and
·	Must not be a web site or WAP site that contains content that could be construed as unlawful or offensive.
Patronus Mobile Pty Ltd expressly reserves the right to block any Patronus Mobile licence holder or link found to be in breach of these terms and to cancel any existing licences issued by Patronus Mobile Pty Ltd and held by the licence holder contravening this licence agreement.



3. REGISTRATION
Users can register as either:
·	A Private User,
		or
·	A Corporate User.
Upon registration, the User must provide accurate, complete registration information and it is the responsibility of the User to promptly submit updated information (including any changes to the e-mail address of the User) by e-mailing contactus@patronusmobile.com.au.
Private User: Upon registration, the Userwill be asked to choose a user name and password.
Corporate User: If the User is accessing and using THE SERVICE through a CORPORATE LICENSE issued to an Organisation, the User agrees that, without liability of PATRONUS MOBILE to the User or to any other third party Patronus Mobile Pty Ltd may:-
Freely disclose any and all data, including stored information and personal information contained therein to such Organisation for their monitoring, input, extraction of data and transfer relating to the Users use of THE SERVICE, and that
Upon Patronus Mobile Pty Ltd receipt of notice that the User is no longer employed, engaged or otherwise associated with such Organisation the Organisation may distribute and transfer all or a portion of such data to another employee, independent contractor, member or similarly associated party for such party?s possession and use in the performance of its duties.
The User agrees that they shall have no claim against Patronus Mobile Pty Ltd in any way relating to such
(a) disclosure of  information to the Organisation with which  the User is associated; and
 (b) distribution and transfer of such information to such Organisation, and
 (c) loss of data the User may experience relating to termination of the Users association with such Organisation. The User agrees to contact such Organisation to determine the safeguards pertaining to privacy, protection and disclosure of information.
4. PRIVACY POLICY
The information that the User provides to Patronus Mobile Pty Ltd through THE SERVICE about themselves and others will only be used in accordance with the Patronus Mobile Website Privacy Policy available at www.patronusmobile.com.au.  This Privacy Policy does not apply to Third Party Sites which may from time to time be accessible on the PatronusMobile.com.au website
The User is responsible for all use of THE SERVICE made under this Agreement. If the User believes there has been any breach of security such as the disclosure, theft or unauthorised use of User ID or any payment information, the User must immediately provide notification by emailing contactus@patronusmobile.com.au.
Patronus Mobile Pty Ltd is not responsible for any loss that the User may incur as a result of any unauthorised person using the account and/or password of the User.
If the User at any time provide an email address that will result in email from Patronus Mobile Pty Ltd being routed via a computer network operated by, or on behalf of, the Users employer, college, or other third party, the User warrants that the User is entitled to receive email at that address. Patronus Mobile Pty Ltd may refrain from sending the User any email to such address without notifying the User, even if the User has subscribed to receive them, if Patronus Mobile Pty Ltd receives a request from the Users employer, school, or other third party to stop sending email to that address.

5. CONFIDENTIAL INFORMATION OF PATRONUS MOBILE PTY LTD
The User agree that all techniques, algorithms, and processes of Patronus Mobile Pty Ltd contained in THE SERVICE and Patronus Mobile Pty Ltd computer program products or modifications or extraction thereof which the User may access or which may be disclosed to the User when accessing or using THE SERVICE or any Content constitutes the confidential information of Patronus Mobile Pty Ltd and will be safeguarded by the User, however, in no event shall the User exercise less than a reasonable standard of care with respect to such confidential information. The User is also liable for any breach, compromise, or violation by agents of the User including, without limitation, employees, consultants, representatives and/or independent contractors of such obligations with respect to such confidential information. The User is prohibited from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to determine the source code for the operation of THE SERVICE. For purposes of these Terms of Use, "reverse engineering" shall mean the examination or analysis of THE SERVICE AND ITS COMPONENTS to determine its source code, sequence, structure, organisation, internal design, algorithms or encryption devices.
The User recognizes and agree that there is no adequate remedy at law for a breach of this Section 5, that such breach may irreparably harm PATRONUS MOBILE for which monetary damages alone would not be an adequate remedy, and that PATRONUS MOBILE is also entitled to injunctive relief with respect to any such breach or potential breach in addition to any other remedies.

6. SOFTWARE
Copyright in any software that is made available for download from the PatronusMobile.com.au SITE (?Software?) belongs to Patronus Mobile Pty Ltd and/or its suppliers. Your use of such Software is also governed by the terms of any license agreement that accompanies the Software. Do not install or use any Software unless you agree to such license agreement.
Patronus Mobile Pty Ltd from time to time may offer you the option to UPDATE YOUR SOFTWARE APPLICATION to enable you to access enhanced service functionality.

7. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
NO WARRANTIES
THE SERVICE and all Content collected by THE SERVICE is provided by Patronus Mobile Pty Ltd on an ?as is? basis and, subject to these Terms of Use, without any express or implied warranty of any kind.

Patronus Mobile Pty Ltd does not warrant that your access to or use of THE SERVICE and any Content will be uninterrupted or error free or that THE SERVICE or any Content on or accessible through THE SERVICE is free from errors, viruses, worms, trojans or other harmful malware element.
Patronus Mobile Pty Ltd does not make any warranty as to the accuracy, completeness, currency, quality, or suitability for a particular purpose of any Content on or accessible through THE SERVICE.
Patronus Mobile Pty Ltd does not examine, determine or warrant  the  competence or information of any dealer or manufacturer listed in its directories. Patronus Mobile Pty Ltd relies on the professional or facility listed in the directories to provide accurate information and assumes no responsibility for verifying the information provided.

LIMITED LIABILITY
The User accepts all risks and responsibilities for all loss, damage, cost and expense arising from User access to or use of THE SERVICE and all Content.  The User is responsible for taking all precautions the User believes necessary or advisable to protect the User against any claim, damage, loss or hazard that may arise by virtue of use by the User of THE SERVICE or any Content.
 ACTIVATION OF THE PRODUCT IS DEEMED TO BE ACCEPTANCE THAT COMPLIANCE WITH STATE AND FEDERAL LAWS HAS BEEN DISCUSSED AND ACCEPTED AS BEING LAWFUL.
To the extent permitted by law, Patronus Mobile Pty Ltd excludes all liability for any loss of revenue, loss of profit, loss of anticipated savings or business, loss of opportunity, loss of data or goodwill, loss of reputation, and any indirect or consequential loss, whether arising in contract or otherwise, in connection with these Terms of Use or your access to or use of THE SERVICE and any Content.
Where applicable laws imply into these Terms of Use any term, condition or warranty, and such laws void or prohibit provisions in a contract that exclude or modify them, the term, condition or warranty is deemed to be included in these Terms of Use, provided that the liability of Patronus Mobile Pty Ltd and its officers, employees, agents or associated companies for a breach of any such term, condition or warranty is limited, at the option of Patronus Mobile Pty Ltd to:
(1) where the breach relates to services, the re-supply of services or payment of the cost of the re-supply of services; or
(2) where the breach relates to goods, the repair or replacement of the goods, or the payment of the cost of repair or replacement of the goods.

INDEMNITY
The User agrees to indemnify Patronus Mobile Pty Ltd and its officers, employees, agents and associated companies from and against any loss, claim, damage or expense (including legal costs on a full indemnity basis) that any of them may suffer or incur as a result of or in connection with the use or misuse of THE SERVICE or any Content by the User or any person acting on behalf of the User.

8. NO ADVICE
Nothing contained on the PatronusMobile.com.au WEB SITE or within manuals and documents provided as operating documentation for THE SERVICE is intended to be used as financial, legal, tax, or other advice or support.  The Users particular circumstances will affect the relevance and applicability of information on the PatronusMobile.com.au WEB SITE.  The User should seek professional advice before relying or acting on any information contained on the PatronusMobile.com.au WEB SITE or other Patronus Mobile Pty Ltd manuals and operating documentation.

9. MODIFICATION TO THESE TERMS
Patronus Mobile Pty Ltd reserves the right to at any time alter or modify THE SERVICE or any portion thereof. Unless explicitly stated otherwise, any changes to THE SERVICE by Patronus Mobile Pty Ltd shall be subject to these Terms of Use, as modified from time to time.

Patronus Mobile Pty Ltd may revise and update these Terms of Use from time to time.  We may give notice to the User of such amendment by amending these Terms of Use as they appear on the PatronusMobile.com.au WEB SITE.  The User understand that the Useris responsible for regularly reviewing these Terms of Use. Continued access to or use of THE SERVICE by the User following any modification to the Terms of Use shall constitute acceptance by the User of and agreement to any changed terms and conditions.
10. ADVERTISING AND SPONSORSHIP
Part of the PatronusMobile.com.au WEB SITE may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the PatronusMobile.com.au WEB SITE complies with international, federal and state law and regulations. Patronus Mobile Pty Ltd is not liable for any violation of law, error or inaccuracy in advertising material of such advertisers and sponsors.


11. GOVERNING LAW
The User agrees that any disputes or legal issues arising in connection with User access to or use of THE SERVICE will be determined in accordance with the STATE OR FEDERAL LAWS GOVERNING THE USE OF THE SERVICE.

12. GENERAL
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining Terms, or portion thereof, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy. Headings in these Terms of Use are for convenience only and will have no legal meaning or effect.
I accept the terms of the above agreement
I do not accept the terms of the above agreement