1. About Us
1.1 Conexie Pty Ltd provides the Conexie Smartphone Application with a facility to:
- Report to entities listed on Conexie such things as - issues, problems or defects in assets and infrastructure requiring repair or attention
- Contact people, entities or groups who have created a Conexie channel
- Obtain information like answers to FAQs
3. Using the App
3.1 When using the App and/or the Services, You agree that You will:
- (a) use them for personal use only and not use it in connection with any commercial or business purpose except in accordance with any commercial licence agreement (see 3.2)
- (b) not criticise or damage the reputation of any person or entity;
- (c) not infringe any third party rights; and
- (d) not carry out any illegal or criminal purpose on or via the App and/or the Services.
3.2 If You are not the owner of the device on which the App and/or Services are accessed, You promise that You have the informed consent of the owner.
3.3 You acknowledge and agree that Your right to use the App and/or the Services may be revoked if You breach any of these Terms.
4.1 To the extent permitted by law, the App and/or the Services are provided to You on an “as is” basis and may contain errors, faults and inaccuracies and may not be complete or current.
4.2 Conexie makes no representations or warranties, express or implied with respect to the operation or suitability of the App and/or the Services for any particular purpose; the availability, performance, security, characteristics or operation of the App and/or the Services; or the truthfulness or reliability of content provided by any third party, and, to the extent permitted by law, will not be responsible for breach of any such express or implied term.
5. Intellectual Property
5.1 The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on the App (including third party content) App Content ) are all subject to copyright and other intellectual property protection laws in Australia.
5.2 Conexie is the owner or licensee of all App Content. Apart from any use that is permitted under the Copyright Act all rights are reserved.
5.3 App Content may not be copied, reproduced, adapted, transmitted or distributed, nor may these objects be modified or reposted to other Internet sites, without Conexie’s consent. Some content is subject to the copyright rights of third party content providers.
5.4 You acknowledge that: all intellectual property rights in the App Content throughout the world belong to Conexie or its related entities, or its suppliers or affiliates; and these Terms do not transfer title to any intellectual property in the App Content to You.
6. Limitations of Liability
6.1 You agree that Your access to and use of the App and/or the Services, is subject to these Terms and is at Your sole risk.
6.2 To the extent permitted by law, You agree that Conexie will not be responsible or liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to the modification, interruption, suspension or discontinuation of the App; any technical faults which impact on the availability or use of the App and/or the Services; or Your use of the App, the Services or any App Content.
6.3 You acknowledge that the Services are not an emergency reporting tool, nor are they intended to be used for emergency reporting purposes, and Conexie makes no guarantees as to the availability of the App and/or the Services.
6.4 Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations upon Conexie which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
7.1 Conexie may, in its sole discretion, temporarily or permanently suspend or terminate the rights granted to You under these Terms if Conexie suspects in its sole discretion that You are not complying with the Terms or that You pose a threat to the App and/or the Services or their users or that Your conduct is inconsistent with Conexie’s brand values.
7.2 Conexie will not be liable for any cost, expense or damages whatsoever for suspension or termination of Your use.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that:
- (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and;
- (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Further, you warrant that:
- (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
- (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising;
- (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
8. General Provisions and Interpretation
8.1 These Terms are governed by the laws of NSW, Australia.
8.2 These Terms, and documents incorporated by reference into these Terms, represent the entire agreement of the parties in relation to the use of the App and/or the Services. These Terms supersede all other representations, negotiations, arrangements, communications, understandings or agreements.
8.3 All rights not expressly stated in these Terms are reserved.
9. Contact and Violations
9.1 Conexie is responsible for addressing any questions, comments or claims relating to the App and/or the Services and Your use of them. If You have any comments, questions, complaints relating to the App and/or the Services, or would like to report a violation of any these Terms, please contact: firstname.lastname@example.org or call Conexie’s customer service team on 1800 115 547