Users may not reproduce, rent, lease, sublicense, assign or transfer its right to Use in the App, or authorise all or any portion of the App to be installed or copied onto any Computer except as may be expressly permitted by these Terms & Conditions of Use and excluding storage of information by cookie or cache.
are the valuable intellectual property of the Owner and (in some cases) its suppliers.
Claim means any claim, demand, regulatory proceeding, action or cause of action or anything of a similar nature.
Cloud Environment means a hosted computing service allowing distributed computing over a network, with the ability to run a program on many connected computers at the same time from a remote location.
Computer means any electronic device that accepts, processes, stores or outputs data, including smartphones and tablets.
Contract means the agreement between the Owner and the Licencee in respect of the App comprising of and evidenced by this Agreement and the Licence Agreement.
Docket means the feature of the App that is a digital certificate. It gives particulars of the works and acts as an invoice and receipt.
Hosting Company means a company that provides internet connectivity, and space on a server, for use by the Owner.
Intellectual Property Rights means any statutory and other proprietary rights in respect of registered and unregistered trademarks, patents, circuit layouts, software, designs, copyrights, know-how and all other intellectual property rights as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.
Jurisdiction means the Australian Capital Territory.
Legal Fees means legal fees, costs and disbursements on the higher of a full indemnity basis or a solicitor and own client basis, determined without taxation, assessment, or similar process.
Liability means any liability, loss, damage, expense or anything of a similar nature (including without limitation settlement costs and Legal Fees) sustained or incurred at any time, actually or contingently.
Licencee means the entity which is party to the Licence Agreement with the Owner.
Licence Agreement means the agreement entered into by the Owner and the Licencee dealing with the Licence Fee and other related commercial terms.
Location Services means any software feature that uses the geographical position of the Computer to control features and for information generally.
Moral Right means:
which is conferred by statute, and which exists or comes to existence anywhere in the world in a deliverable form.
Owner means Record Time Pty Ltd (ACN 604 582 649).
Pins means any software feature that allows Users to locate a position on a map and subsequently mark that location.
Product means the ‘Record Time’ application to which these Terms & Conditions of Use pertain, including all associated code, algorithms, third party offerings, explanatory materials and files, and all upgrades, updates, modifications, additions and copies of the foregoing.
Push Notifications means any software feature which allows an application to deliver messages or events or similar to Users even when the User is not actively using the application.
Successors means heirs, executors, administrators, liquidators (including provisional liquidators), receivers, successors, controllers, assigns, trustees and persons taking by way of novation.
Terms & Conditions of Use means the provisions of this document as varied and in force from time to time.
Use means to access, use, install, download, copy, distribute, disseminate or otherwise benefit from the functionality of the App.
User means the Licencee and any and all other persons who Use the App.
User Information means any information, confidential or otherwise, that the Owner obtains from the Licencee or a User in connection with Use of the App, including information which the Licencee or a User uploads to, stores in or transmits through the App and all data input into the App.
In these Terms & Conditions of Use, unless the context otherwise requires or the contrary intention appears: