Terms and Conditions
Measure and Quote AR
Terms and Conditions
MEASURE AND QUOTE AR – APP TERMS AND CONDITIONS
1. M Reid Holdings Pty Ltd ACN 617 578 622 (we or us) own the cloud-based software, including all instructions in hard copy or electronic form and any update, modification or release of any part of that software (Software) which is accessible by downloading the Measure and Quote AR application on a smart device (App).
2. These terms and conditions (Terms):
set out the terms and conditions upon which we agree to grant you a right to use the Software as a service, as described on the App (Service); and
are binding on you from the date (Effective Date) until the date on which your Account is terminated in accordance with these Terms (Term).
3. Please read these Terms carefully and immediately terminate your Account if you do not agree to them.
(1.a) If you download our App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service and if you download the App from the Google Play Store, you agree to Android’s Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
4. By accessing and/or using the Service, you:
warrant to us that you have reviewed these Terms available on the App, and you understand them;
warrant to us that you are over 18 years of age and have the legal capacity to enter into a legally binding agreement;
warrant to us that you have all hardware, software and services which are necessary to access and use the Service; and
agree to use the Service in accordance with these Terms.
2 Registration and Account
5. You are required to create an account to access and benefit from our App (Account). You must ensure that any personal information you give us when creating an Account is accurate and up-to-date.
6. When you create an Account, we will give you the opportunity to choose certain account details (such as a username and password). You agree that we may alter or update these details at any time during the Term. It is your responsibility to keep your Account details confidential. You are liable for all activity on your Account and you must immediately notify us of any unauthorised use of your Account.
7. At our sole discretion, we may refuse to allow any person to create an Account.
3 Collection Notice
8. We collect personal information about you in order to enable you to access and use the App, to contact and communicate with you, to provide you with advertising or marketing material that we consider may be of interest to you and to respond to your enquiries.
9. We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide the Service to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
10. Notwithstanding anything to the contrary in these Terms or elsewhere, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Service, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it: (i) does not contain identifying information; and (ii) is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics, including all intellectual property rights in the foregoing.
11. We grant you a non-exclusive, non-transferable, non-sublicensable (except as otherwise permitted under these Terms), personal and revocable, worldwide licence to access and use the Service for your own business or personal purposes for the Term (Licence).
12. You agree that: we reserve the right at any time and from time to time to: (i) refuse any request in relation to the Service that we deem inappropriate, unreasonable, illegal or otherwise non-compliant with these Terms; and/or (ii) modify or discontinue, temporarily or permanently, access to the Service (or any part thereof) with notice.
5 App price and payments
13. To access and benefit from the App, prior to downloading the App you must pay the App price (Price), as set out on the store from which you are downloading the App.
14. To the extent permitted by law, the Price is non-refundable and non-cancellable once paid.
6 Third Parties
15. You acknowledge and agree that:
the provision of the Services may be contingent on, or impacted by, third parties, including suppliers, customers, end users or other subcontractors (Third Party Inputs); and
despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs.
7 Our Intellectual Property Rights
16. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with these Terms, the Software and the Service) will at all times vest, or remain vested, in us.
17. You must not, without our prior written consent:
copy or use, in whole or in part, any of our intellectual property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
breach any intellectual property rights connected with the App, the Software or the Service, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
18. This clause Our Intellectual Property Rights will survive termination of your Account.
8 Technical problems
In case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need help, please check the support we provide as stated on our App or failing that please email us at [insert Measure and Quote AR email address].
9 Your Responsibilities and Obligations
You must, at your expense:
19. ensure all information provided to us is kept up-to-date and the email address you provide is valid and regularly checked; and
20. make any changes to your Computing Environment, such as system upgrades, that may be required to support the operation of any Service.
10 Indemnity and liability
21. Despite anything to the contrary, to the maximum extent permitted by the law:
our maximum aggregate liability arising from or in connection with these Terms (including the Service or the subject matter of these Terms) will be limited to, and must not exceed the Price paid to us in the 12 months prior to the liability arising; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
22. Despite anything to the contrary, to the maximum extent permitted by the law, we have no liability, and you release and discharge us from all liability, arising from or in connection with any:
any injury, damage or loss to any person or property;
failure or delay in providing the Service;
unavailability, outage or interruption to the Service; or
breach of these Terms or any Laws,
where caused or contributed to by any:
event or circumstance beyond our reasonable control including user error;
a fault, defect, error or omission in your Computing Environment or inputs; or
act or omission of you, your related parties or a third-party service provider,
and, in any event, any error, omission or lack of suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Service.
23. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
24. You acknowledge and agree that:
the App provides a useful and reliable measurement tool but we do not guarantee that your use of the App will result in 100% accurate measurements because measurements made using the App are reliant on user accuracy (see the App Training within the App for guidance on use of the App to measure);
you cannot use the App to measure the surface of a ceiling;
any file or program available for download and/or execution from or via the Service is free from viruses or other conditions and you use the Service and any associated programs at your own risk;
we may use third-party service providers to host the Service. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without liability or entitling you to any refund, credit, or other compensation;
the Service may use third party products, facilities or services. We do not make any warranty or representation in respect of the third-party products, facilities or services;
you must not do, or omit to do, any act that would or might invalidate or be inconsistent with our intellectual property rights, including without limitation that you must not copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Service or Software;
alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Service or Software;
use the Service in any way which is in breach of any applicable local, state, federal and international laws and regulations (Laws) or which infringes any person’s rights, including intellectual property rights;
use the Service in any way that damages, interferes with or interrupts the supply of the Service or to carry out security breaches or disruptions;
we may pursue any available equitable or other remedy against you if you breach any provision of these Terms.
25. Despite anything to the contrary, to the maximum extent permitted by the law, you must indemnify us and hold us harmless from and against any loss, cost, liability or damage, howsoever arising, suffered or incurred by us and arising from or in connection with any claim relating to your use of the Service or any breach of these Terms by you.
26. This clause Indemnity and liability will survive termination of the Account.
27. We may immediately suspend, terminate or limit your access to and use of the App and your Account with notice to you if you breach the Terms.
28. You may stop using and uninstall the App at any time for any reason.
29. We may stop making the App (or any part of it) available with notice to you.
30. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstances beyond our reasonable control.
31. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this provision).
32. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below, or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.
33. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
34. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
35. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
36. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
37. Entire agreement: These Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
38. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the App. Such variation will take effect immediately.
39. Governing law: These Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts. The Service may be accessed in Australia and overseas. We make no representation that the Service complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Service from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Service.
For any questions, please contact us at:
M Reid Holdings Pty Ltd ACN 617 578 622
Email: [email protected]
Last update: 8 May 2019