END USER LICENCE AGREEMENT, READ THIS AGREEMENT CAREFULLY
Permission to use this software is conditional upon the user (“you”) agreeing to the terms and conditions set out below. The software is offered to you by Lockr Life Pty Ltd ACN 602 286 448 (Licensor). By clicking “I accept the terms of this licence agreement” at the end of these terms and conditions, you will be deemed to have accepted them. Acceptance will bind you and your employees (if applicable).
1.1 Before you subscribe to our services, you must read the terms and conditions of this licence (Licence Agreement).
1.2 If you do not agree with the terms and conditions of this Licence Agreement, you must:
(a) click the “I do not accept the terms of this licence agreement” button; and
(b) exit this installation without further downloading, installing or using the Software.
2.1 By downloading, installing or using the Software, you will be deemed to:
(a) have read this Licence Agreement;
(b) fully understand the terms of this Licence Agreement;
(c) agree to be bound by the terms of this Licence Agreement; and
(d) understand that this Licence Agreement is a legal agreement between you and the Licensor and can be enforced accordingly.
3. Scope of Licence for Full Version
3.1 Subject to clauses 3.2, 3.3 and 5, if you are installing the full (registered) version of the Software, the Licensor grants to you as the original purchaser, a fully paid-up, registered, personal, non-exclusive and non-transferable licence to use the Software remotely via the internet subject to the terms and conditions of this Licence Agreement.
3.2 If you have made payment to the Licensor for:
(a) a Single-User Software Licence then you may use the Software on only one computer that you own or operate at a single physical location. You may transfer the Software from one such computer to another that you own or operate provided that you do not use or permit the usage of the Software on more than one computer or computer terminal at a time.
(b) a Multi-User Software Licence then you may use the Software on only one computer network that you own or operate and only then in respect of data files created by you or by another licensed user. You may transfer the Software from one computer to another that you own or operate on this network provided that you do not use or permit the use of the Software by more than the licensed number of users at a time nor permit the use of the Software on more than one network at any one time, nor permit the use of the Software in respect of data files not created by you or by another licensed user.
3.3 The grant of any licence under this clause 3 is conditional upon you paying the licence fee. The licence fee will be charged at times and in amounts as agreed between you and Licensor (failing which no licence is granted). If any licence fees are not agreed or not paid, this Licence Agreement (together with any licence granted to you under it) is terminated in accordance with clause 11 without further risk or liability to Licensor.
4. Scope of Licence for Trial Version
4.1 If you are installing any trial version of the Software:
(a) you are only licensed to use the trial version of the Software for the trial period of 7 days (or for such period as is otherwise specified by Licensor) (Trial Period);
(b) you acknowledge and agree that the Licensor may directly end trial use at any time in accordance with clause 11.2(b);
(c) you must not use the Software beyond the Trial Period unless you pay the licence fee and the Licensor issues you a valid registration code;
(d) you understand that the Software may cease to function either in whole or in part beyond the Trial Period if you do not purchase a valid licence for the Initial Subscription Period; and
(e) you must remove the Software from your computer if you do not purchase a valid licence for the Initial Subscription Period after the Trial Period ends.
5. Licence Fee
5.1 The licence fee payable by you for use of the Software is as described on the lockr.com.au website. The Initial Subscription Period is 365 days.
5.2 Except in the event of early termination of this Licence Agreement in accordance with clause 11, you shall pay the licence fee for the Initial Subscription Period and any Renewal Period.
5.3 Should the Licensor wish to modify the licence fee for any Renewal Period, Licensor will endeavor to issue you with a renewal notification specifying the proposed licence fee for the Software not less than 3 weeks prior to the end of the Initial Subscription Period (or Renewal Period, if applicable).
6. Ownership and Intellectual Property Rights
6.1 You agree and acknowledge that:
(a) all Intellectual Property Rights in the Software including, without limitation, patents, copyright and trade marks are owned or licensed by and remain at all times with the Licensor;
(b) nothing in this Licence Agreement operates to give you any ownership rights in the Software; and
(c) use of the Software by you, or any other person or entity, not in accordance with this Licence Agreement is a breach of this Licence Agreement.
6.2 Nothing in this Licence Agreement affects the ownership of moral rights in the Software.
7. Restrictions on use
7.1 To the maximum extent permitted by law, you must not copy, alter, modify, adapt, translate, rent, lease, lend or commercially exploit or create derivative works of the Software or any part of the Software, but you may make one back-up copy of the Software to be used solely in accordance with clause 3 above.
7.2 You must not reverse engineer, decompile or disassemble the Software, or any part of that Software, other than as permitted by applicable law.
7.3 You must not create or attempt to create the source code from the object code of the Software.
7.4 The Software is licensed as a whole and, subject to clause 3, its component parts may not be separated for use on more than one computer or computer network.
7.5 You must use the Software strictly in accordance with the procedures set out in the user help file incorporated with the Software and otherwise in accordance with any user directions that may be issued by or on behalf of the Licensor from time to time.
7.6 The Licensor is not required to provide updates or new releases of the Software pursuant to this Licence Agreement and you acknowledge that the provision of upgrades or new releases may be the subject of a separate agreement.
7.7 You agree that you must protect the Software at all times from unauthorised access, use or damage.
8.1 You will use the Software at your sole and entire risk.
8.2 You acknowledge and agree that the Software does not necessarily provide definitive answers and solutions and that the effective and accurate use of the Software necessarily requires an element of human intervention and careful selection.
8.3 You are entirely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and rights (including Intellectual Property Rights) of use in respect of any or all of your data or information, including personal information (as defined in the Privacy Act) that you input in the course of using the Software (Your Data), including entering Your Data into the Software and maintaining Your Data. Intellectual Property Rights means all industrial and intellectual property rights bother in Australian and throughout the world, whether now known or devised in the future, and for the duration of the rights including any patents, copyright, registered or unregistered trade-marks or service marks, registered designs and commercial names and designations, circuit layouts, database rights and rights in relation to confidential information and trade secrets, whether or not registered or registrable.
9.1 Australian laws may give you certain rights or limit the operation of certain provisions of this Licence Agreement. The limitation set out in this clause is subject to those laws.
9.2 All express or implied warranties, representations, statements, terms and conditions relating to this Licence Agreement, not contained in this Licence Agreement, are, subject to clause 9.3, excluded from this Licence Agreement to the extent permitted by law.
9.3 Nothing in this Licence Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation, including without limitation the Consumer and Competition Act 2010 (Cth.), which cannot lawfully be excluded, restricted or modified, including without limitation implied terms and warranties which operate to protect the purchasers of goods and services in various circumstances.
9.4 If any condition or warranty is implied into this Licence Agreement under the Consumer and Competition Act 2010 (Cth.) (or other applicable statutes or regulations) and cannot be excluded, and the Licensor is able to limit your remedy for a breach of such a condition or warranty, then the Licensor’s liability for breach of the condition or warranty is limited to one or more of the following at the Licensor’s option:
(a) in the case of goods, replacement of the goods or the supply of equivalent goods; repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
(b) in the case of services, supplying of the services again; or payment of the cost of having the services supplied again.
9.5 Subject to the Licensor’s obligations under the implied conditions and warranties referred to in clause 9.3, the Licensor’s maximum aggregate liability for all claims under or relating to this Licence Agreement or its subject matter (including, without limitation and if applicable, support and maintenance services under clause 12), whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to an amount equal to the fees, if any, paid by you under this Licence Agreement.
9.6 Subject to the Licensor’s obligations under the implied conditions and warranties referred to in clause 9.3, the Licensor is not liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in an action in contract, tort (including without limitation negligence), product liability, statute, under an indemnity or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
10.1 You hereby indemnify the Licensor against any liabilities, losses, expenses or other costs (including, but not limited to, reasonable legal fees) arising from or in relation to any wilful, negligent or unlawful act or omission of, or breach of this Licence Agreement by you, or (to the extent permitted by law) any use of or reliance by you on the Software.
10.2 Where this clause refers to a person who is not a party to this Licence Agreement then the Licensor holds the benefit of this clause on trust for them.
11. Term and termination
11.1 This Licence Agreement remains in effect unless it is terminated under this clause 11.
11.2 Licensor may terminate this Licence Agreement with immediate effect by giving written notice if:
(a) you breach one or more obligations under this Licence Agreement and, within 14 days of receiving a written notice from Licensor, fails to rectify the breach;
(b) you commit a material breach which, in Licensor’s opinion, is not capable of being rectified;
(c) one of your warranties is, or becomes, untrue;
(d) you, being a company, become, threaten or resolve to become or is in jeopardy of becoming subject to any form of insolvency administration;
(e) you, being a partnership, dissolve, threaten or resolve to dissolve or is in jeopardy of dissolving;
(f) you, being company, suffer a change in control or ownership;
(g) you, being a natural person, die; or
(h) you cease or threaten to cease conducting your business in the normal manner.
11.3 For the purposes of clause 11.2(f), control of a partnership, trust, joint venture, corporation or other entity (entity) means:
(a) the ability to cast or control the casting vote of more than 50% of the maximum number of votes that might be cast at any general meeting (or equivalent) of the entity; or
(b) the holding of more than 50% of the issued ordinary share capital, the equity, or other ownership interest in the entity.
11.4 Trial Version. If you are installing the trial version of the Software:
(a) you may terminate this Licence Agreement at any time by permanently removing the Software from each computer and/or network you operate;
(b) Licensor may terminate this Licence Agreement immediately for any reason by giving you written notice;
(c) upon notification of termination of the Licence Agreement by the Licensor, you must destroy all of your copies of the Software; and
(d) all provisions in this Licence Agreement relating to confidentiality, intellectual property rights and non-disclosure survive the termination of this Licence Agreement.
11.5 Full Version. If you are installing the full (registered) version of the Software:
(a) you may terminate this Licence Agreement at any time by permanently removing all of your copies of the Software from each computer and/or network you operate;
(b) Licensor may terminate this Licence Agreement if you breach any term or condition of this Licence Agreement and, upon such termination, you must destroy the Software, together with copies, or return them to the Licensor.
(c) on termination of this Licence Agreement, you will not be entitled to a refund of any fees or charges paid by you for the Software; and
(d) all provisions in this Licence Agreement relating to confidentiality, intellectual property rights and non-disclosure survive the termination of this Licence Agreement.
11.6 Termination of this Licence Agreement will be in addition to and not in lieu of any other remedies available to the Licensor.
12. Maintenance and support
12.1 This clause 12 applies if and when you purchase pre-paid support and maintenance services from the Licensor and have paid all support and maintenance fees in full.
12.2 The Licensor will provide support and maintenance services to you in accordance with the Licensor’s polices and programs described in the user manual, in on-line documentation, and/or other maintenance and support materials provided by the Licensor.
12.3 You acknowledge and agree that support and maintenance services do not extend to:
(a) the remedying of defects in the Software caused by an action or omission by you in breach of this Licence Agreement or by any third party not previously approved by the Licensor to maintain the Software; or
(b) the provision of upgrades or new releases / new versions of the Software.
12.4 The Licensor will perform the support and maintenance services with due care and skill. The Licensor disclaims all other warranties, either express or implied, including without limitation warranties of merchantability and fitness for a particular purpose.
13. Upgrade and product exchange
13.1 In the event of an upgrade or product exchange, the licence granted under this Licence Agreement will automatically transfer to the new version or product. All of your rights in respect of the original product will lapse and you will not be permitted to make further use of it.
14. Entire agreement
14.1 This Licence Agreement is the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.
14.2 Each party represents and warrants that it has not relied on any representations or warranties about the subject matter of this Licence Agreement except as expressly provided in this Licence Agreement.
15.1 The Licensor may vary this Licence Agreement at any time in writing by notifying you directly by any means at least seven (7) days in advance including without limitation placing the varied terms and conditions on the Licensor’s website. If you do not accept a duly notified variation to this Licence Agreement, this Licence Agreement (together with any licence granted to you under it) is terminated without further risk or liability to Licensor.
16.1 This Licence Agreement will be governed by and construed in accordance with the laws for the time being in force in the Australian Capital Territory and the parties agree to submit to the jurisdiction of the courts and tribunals of the Australian Capital Territory.
17.1 No forbearance, delay or indulgence by a party in enforcing the provisions of this Licence Agreement will prejudice or restrict the rights of that party, nor will any waiver of those rights operate as a waiver of any subsequent breach.
18. Assignment, novation and other dealings
18.1 You must not assign or novate this Licence Agreement or otherwise deal with the benefit of it or a right under it, or purport to do so, without the Licensor’s prior written consent, which may be withheld at the Licensor’s absolute discretion.
19. Capacity and third party rights
19.1 You warrant to the Licensor that you have legal capacity to enter into and be bound by this Licence Agreement. If you are a natural person, you warrant to the Licensor that you are at least 18 years of age.
19.2 Save as expressly provided otherwise in this Licence Agreement:
(a) each person who executes this Licence Agreement does so solely in his, her or its own legal capacity and not as agent or trustee for or a partner of any other entity; and
(b) only those persons who execute this Licence Agreement have a right or benefit under it.
20.1 Should any part of this Licence Agreement be or become invalid, that part will be severed from this Licence Agreement. Such invalidity will not affect the validity of the remaining provisions of this Licence Agreement.
Lockr Life Pty Ltd ABN 48 602 286 448 (we, us or our) is committed to respecting the privacy and security of our clients, partners and website users.
Through the provision of our software and services we need to collect and use personal information about clients and individuals, with the three main types of information being categorised as:
- Sensitive Personal Data – We may need to collect or use personal financial or medical information. For example, we may be required to store sensitive personal, financial or medical information you provide us when signing up for and utilising our services and / or software. You may also provide financial information to pay for our services. Financial information is kept secure where necessary through appropriate electronic security measures. If we do have to collect sensitive personal data for any reason we will only do so with an individual’s express consent and your voluntary disclosure in relation to what information may be collected, and how the information may be used.
- Personal Data – Information through which it is possible to identify individuals directly (names, addresses, contact information etc). Individuals will always know when this data is being collected through the completion of applicable registration processes or the specific request for this information to be provided for a specified purpose; and
- Aggregated Statistical Data – All other non-personal information that relates purely to generic statistics – whether that be via use of electronic mediums such as websites, or through statistics associated with our services.
Sensitive Personal Data
Where it is necessary to do so, we only collect sensitive personal data where there is a specific need to do so. Such information may relate to medical and financial information you provide to us when we provide services to you.
If we store sensitive personal data for any reason it is only to provide services to you or to otherwise meet any applicable legislative requirements. If that purpose is no longer applicable, that information is deleted.
You may elect to store certain information when using our services which may be considered Sensitive Personal Data. At the expiration or termination of the services, we are not responsible for the removal of any Sensitive Personal Data from our platforms where you have utilised the services. However, except to the extent described in this policy, we will not use or access this data after you have ceased using the services without your express consent.
We will only collect, use and transfer your Personal Data if you have consented to that collection, use and transfer, except in circumstances where it is necessary to conform to legal requirements; protect and defend our rights or property; or to protect the interests of other users.
This data is generally collected through registration systems or when you voluntarily provide information as part of our services to you, whereby you are required to enter accurate contact information to allow for the use of our services. Providing incorrect information may require the disclosure of your personal information to our affiliates and trading partners to allow for rectification of incorrect or incomplete records.
Where personal data is collected through automated registration, such as registration using other social media platforms, we may allow for pseudonyms or anonymous access where such access does not adversely affect our systems or our business needs.
If consent has been given during the collection process, we may use, We may share your data with our partners and affiliates, and disclose that information to other select third party companies (service providers, partners or affiliates).
Were we share your personal information with third parties to provide a service, that third party can use your data but can not access that data.
You may opt out from receiving marketing material at any time by sending an email containing your name and other identifying information along with the header “Opt Out of Marketing” to firstname.lastname@example.org.
Disclosure of Data to Third Parties
It may be necessary to disclose your personal information to third party organisations to the extent necessary to allow for the provision of specific goods or services. This includes to any contractors we engage to provide the services.
Statistics associated with our services will be collected without any individual being identifiable.
In addition to non-personal information collected through the ordering or registration or registration processes associated with our services, information is automatically collected about traffic around our web site. This is also only used in aggregate form and no individual user will be identified.
We may use “cookies” to speed up access to our website and to enhance your experience of the site by customising it according to your interests. A cookie is a small piece of information sent from our website to your computer to help us to identify you quickly. It is possible for you to disable these cookies by changing your browser settings, but this may slow down or prohibit access to parts of the site.
Security is paramount to us with respect to personal data. We use a variety of software to ensure appropriate security and encryption of data so as to protect against misuse, interference or loss of information, or from unauthorised access, modification or disclosure.
Should an individual require access to, or wish to correct the Sensitive Personal Data (if any) and/or Personal Data collected and stored by us, an email with the relevant contact details should be sent to [Insert email address]. We will endeavour to provide access or correct information, where that action is reasonable and practicable. Pursuant to the Australian Privacy Principles we may impose a reasonable fee for this service where it is reasonable to do so.
Making a Complaint
If you wish to make a complaint with regard to a possible breach of this Policy or the Australian Privacy Principles, or for complaints regarding handling of your other requests or enquiries in relation to this policy this can be done by emailing us at email@example.com.
What happens to my complaint?
- When we receive your complaint we will contact you when reasonably practicable to let you know that we have received it.
- We will use reasonable endeavours to investigate the complaint and aim to resolve it. We may contact the person for further information.
- We will write to the person and let them know the outcome. We will use reasonable endeavours to resolve the complaint within 30 days however some complaints are more complex and take longer. We will keep the person informed if this is the case.
- If for some reason we cannot resolve the complaint (for example, the issue is outside our responsibilities), we will write to the person and let them know.
If we are unable to resolve your complaint, you may contact the Office of the Australian Information Commissioner (OAIC) whose details follow:
Phone: Enquiries Line on 1300-363-992; or
Post: Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
We are not required to provide a refund or replacement if you change your mind.
You can choose a refund or exchange if an item has a major problem. This is when the item:
• has a problem that would have stopped someone from buying the item if they had known about it
• is unsafe
• is significantly different from the sample or description
• doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
Alternatively, you can choose to keep the item and we will compensate you for any drop in value.
If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
If you believe that you are entitled to a refund then please contact us at firstname.lastname@example.org
All products and services offered on this site will be processed in Australian dollars unless otherwise stated at the time of purchase. Access to the products or services will be granted immediately upon successful payment. Where physical goods are to be supplied by us we will notify you of the delivery timeframe at the time of the purchase.