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Terms & Conditions

AGREEMENT BETWEEN YOU AND DEVICE CONNECTIONS PTY LTD
Read this Agreement carefully. If you have any questions, please contact customerservice@deviceconnections.com.au or submit your questions in writing to Device Connections Pty Ltd, 132 Yandilla Street, Pittsworth QLD 4356.

The www.mymobilewatchdog.com.au web site (“Site”) is owned and maintained by Device Connections Pty Ltd ACN 130 156 884 of 132 Yandilla Street, Pittsworth QLD 4356 (“DEVICE CONNECTIONS”).

DEVICE CONNECTIONS DOES NOT GUARANTEE THAT THE MY MOBILE WATCHDOG SOFTWARE INSTALLED ON THE CHILD'S MOBILE DEVICE WILL BE ABLE TO TRACK EVERY COMMUNICATION UNDER ALL CIRCUMSTANCES. MANY DIFFERENT FACTORS CAN AFFECT THE MY MOBILE WATCHDOG SERVICE, INCLUDING BUT NOT LIMITED TO DELIBERATE TAMPERING, DATA SIGNAL LOSS, TELEPHONE PROVIDER MAINTENANCE OR OUTAGES, AND DEVICE CONDITION. DEVICE CONNECTIONS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR REAL TIME DELIVERY OF ANY INFORMATION, INCLUDING MESSAGING ACTIVITY AND/OR ALERTING INFORMATION. MY MOBILE WATCHDOG SHOULD NOT BE USED AS A CHILD MANAGEMENT TOOL AND IS NOT A SUBSTITUTE FOR ADULT SUPERVISION.

These Terms of Use govern your use of the Site and constitute a legal agreement between you and DEVICE CONNECTIONS. Your access to and use of the Site is subject to these Terms of Use. By accessing and using the Site you accept these Terms of Use and agree to be legally bound by them. You will also be binding yourself, and the entity you are acting on behalf of as its authorised representative, as applicable, to these Terms of Use.

You warrant and represent to DEVICE CONNECTIONS that you are at least 18 years old and have the legal capacity to agree to and be bound by these Terms of Use. If acting on behalf of a corporation or other entity or person, you warrant and represent to DEVICE CONNECTIONS that you have the legal capacity, power and authority to enter into and bind the entity you represent 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, and you must not access or use, the Site.

In order to receive the My Mobile Watchdog software and complete the registration process through the Site, you must separately accept the My Mobile Watchdog Software 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 Site, you agree that you will not use the Site for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the Site in any manner that could damage, disable, overburden, impair, or interfere with the Site or any other party's use and enjoyment of it. You may not attempt to gain unauthorised access to any other user’s account, computer systems or networks associated with the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Except as set out below, DEVICE CONNECTIONS does not charge you to access the Site. Your wireless device or internet service provider may charge you for time spent accessing the Site. Contact your wireless device company or internet service provider for information regarding these charges.

Additional software material ("Premium Content") is available to you on a paid-for subscription basis. Premium Content is identified on the Site and is available to you at an additional charge. Specific provisions relating to use of Premium Content are set out in Section 5 of these Terms of Use.

You acknowledge and agree that all the content on the Site may not be accessible from a wireless device, and some content may only be accessible through a wireless device.

There is no specific time limit applying to your access and use of the Site under these Terms of Use. DEVICE CONNECTIONS reserves the right to suspend or terminate your access and use of the Site at any time, in its sole discretion, and may exercise this right with or without notice. Any such notice will be given, if at all, to your last known e-mail address.
Upon such termination, you agree to cease using the Site and remove and destroy all copies of the Site, including all forms of Content, you may then have in your possession or control.

2. USE OF CONTENT
All information, text, data, software, photographs, graphics, images, video and other material on the Site (the "Content"), and the layout, arrangement, look and feel and control features of the Site is created and owned by or licensed to DEVICE CONNECTIONS and is protected by copyright, trademark and other intellectual property laws including those in the US and the Copyright Act 1968 (Cth). Except as expressly set forth herein, you may not modify, duplicate, reproduce, publish or communicate to the public any of the Content on this Site, or reverse engineer or otherwise interfere with any of the intellectual property rights associated with the Site or any Content without prior written permission of DEVICE CONNECTIONS, except as expressly permitted by law.

Requests to do any of these things in relation to any Content should be addressed to customerservice@deviceconnections.com.au.

Prohibited activities include but are not limited to:

Redistributing the Content (this includes use as part of any library, archive or similar service);
Removing intellectual property notices from Content; or
Creating a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.

If you would like to link to the Site or the companion Wireless Application Protocol (“WAP”) site, please read and comply with the following guidelines and all applicable laws. A web site or WAP site that links to the Site:

Must display the "Device Connections" or “My Mobile Watchdog” logo, as applicable;
May not remove, distort or otherwise alter the size or appearance of the logo;
May link to, but not replicate, the Content;
Must not create a frame or any other browser or border environment around the Content;
Must not in any way imply that DEVICE CONNECTIONS is endorsing it or its products or services;
Must not misrepresent its relationship with DEVICE CONNECTIONS;
Must not present false information about DEVICE CONNECTIONS;
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.

DEVICE CONNECTIONS expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other lawful action it deems appropriate.

3. REGISTRATION
Upon registration, you must provide accurate, complete registration information and it is your responsibility to promptly submit updated information (including any changes to your e-mail address) by e-mailing contactus@mymobilewatchdog.com.au. If you provide any information that is untrue or inaccurate, DEVICE CONNECTIONS has the right to suspend, terminate, lock or delete your registration and account.

Each registration is single-user only. Upon registration, you will choose a user name and password. You may not allow any third party to share or otherwise use your user name or password unless your account is a business account and you are using the Site as an employee, independent contractor, member, or similar association of a company, organisation or other third party (“Organisation”) which requires or recommends that you utilize the Site in the performance of your duties for or business with such Organisation, and DEVICE CONNECTIONS is notified of the same. If you are using the Site relating to your association with an Organisation, you agree that, without liability of DEVICE CONNECTIONS to you or to any other third party (i) DEVICE CONNECTIONS may freely disclose any and all data, including stored information and personal information contained therein, relating to your use of the Site with such Organisation for their monitoring, input, extraction of data and transfer, and that upon DEVICE CONNECTIONS’s notice that you are no longer employed, engaged or otherwise associated with such Organisation, and (ii) 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. You agree that you shall have no claim against DEVICE CONNECTIONS in any way relating to such (a) disclosure of your information to the Organisation you are associated with, (b) distribution and transfer of such information to such Organisation, and (c) loss of data you may experience relating to your termination of an association with such Organisation. You agree to contact such Organisation to determine the safeguards pertaining to privacy, protection and disclosure of information.

You are responsible for all use of the Site made by you or any permitted third party using your user name and password or your wireless device, and for preventing unauthorised use of your user identification (“ID”). If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must immediately provide notification by emailing contactus@deviceconnections.com.au.

DEVICE CONNECTIONS is not responsible for any loss that you may incur as a result of any unauthorised person using your account or your password. You may not use the email service on the Site to send, or use, any material which is unlawful, threatening, abusive, libelous or indecent or which infringes copyright or other rights of third parties or which contain any other form of illegal content or for the purpose of sending any chain emails or "spam."

If you at any time provide an email address that will result in email from DEVICE CONNECTIONS being routed via a computer network operated by, or on behalf of, your employer, college, or other third party, you are warranting that you are entitled to receive email at that address. DEVICE CONNECTIONS may refrain from sending you any email to such address without notifying you, even if you have subscribed to receive them, if DEVICE CONNECTIONS receives a request from your employer, school, or other third party to stop sending email to that address.

4. VIRTUAL OFFICE SERVICES
The Site may contain email services, message board services, chat areas, forums, communities, personal web pages, calendars, document storage and/or other message or communication features designed to enable you to communicate with others (collectively, "Virtual Office Services"). Your use of Virtual Office Services is subject to these Terms of Use and any additional terms that are notified to you when you access a Virtual Office Service.

You agree to use the Virtual Office Services only to post, send and receive messages and material that are lawful and proper and, when applicable, related to the particular Virtual Office Service. By way of example, and not as a limitation, you agree that when using a Virtual Office Service, you will not:

Use the Virtual Office Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including but not limited to rights of privacy and publicity) of others;
Publish, post, upload, distribute, link to or otherwise disseminate or offer to do the same (hereinafter “Post”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Virtual Office Service allows such messages;
Download any file posted by another user of a Virtual Office Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Virtual Office Service.
Violate any code of conduct or other guidelines applicable to any particular Virtual Office Service;
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations;
Create a false persona or identity for the purpose of misleading another or others; or
Use, download, copy or otherwise duplicate, or provide (whether or not for a fee)

to any third person or entity any directory of users of the Site or other user orusage information or any portion thereof.

DEVICE CONNECTIONS has no obligation to monitor the Virtual Office Services, but reserves the right to review information and materials posted to a Virtual Office Service and may edit, restrict or remove any information and materials in its sole discretion. DEVICE CONNECTIONS reserves the right to terminate your access to any or all of the Virtual Office Services at any time, without notice.

DEVICE CONNECTIONS reserves the right to disclose any information, including your information or information otherwise relating to you, as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

You agree that all content, messages and information, whether publicly posted or privately transmitted via the Site, are the sole responsibility of the person from whom such information originates. DEVICE CONNECTIONS does not control or endorse the content, messages or information found in any Virtual Office Service, and expressly disclaims all liability, except as stated herein, relating to the Virtual Office Service, any content, messages or information, and any actions resulting from your participation in any Virtual Office Service. Materials and information uploaded to a Virtual Office Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you acknowledge your full responsibility for adhering to such limitations.

You agree to release DEVICE CONNECTIONS, its officers, employees, agents, contractors and associated companies from any and all liabilities and obligations whatsoever in connection with or arising from your use of Virtual Office Services.

You agree to indemnify DEVICE CONNECTIONS from and against any loss, claim, damage or expense that DEVICE CONNECTIONS may suffer on incur as a result of any content, messages or information submitted by you.

5. PREMIUM CONTENT AND SITE TRANSACTIONS
Premium Content will be accessible on payment of certain charges, which will be notified to you when you seek access to the Premium Content. If DEVICE CONNECTIONS (or its designated agent) does not receive payments when due, DEVICE CONNECTIONS may immediately suspend your use of Premium Content. You are responsible for the payment of all charges associated with the use of the Site affected by the use of your ID.

DEVICE CONNECTIONS reserves the right, at its sole discretion, to terminate your use of Premium Content at any time if you, or another party authorised to act on your behalf, breach the terms and conditions hereof. After termination, you will still be responsible for payment of all fees, charges and obligations incurred by you hereunder.

There may be instances where you may be able to use the Site to purchase products or services from third parties. In that event, your contract for such products or services will be with such third party and not with DEVICE CONNECTIONS.

6. PRIVACY POLICY
The information that you provide about yourself and others to DEVICE CONNECTIONS through the Site will only be used in accordance with the My Mobile Watchdog Website Privacy Policy available at www.mymobilewatchdog.com.au. DEVICE CONNECTIONS’ Privacy Policy does not apply to Third Party Sites (defined below).

7.CONFIDENTIAL INFORMATION OF DEVICE CONNECTIONS PTY LTD
You agree that all techniques, algorithms, and processes of DEVICE CONNECTIONS contained in the Site and DEVICE CONNECTIONS PTY LTD’s computer program products or modifications or extraction thereof which you may access or which may be disclosed to you when you access or use the Site or any Content constitute the confidential information of DEVICE CONNECTIONS and will be safeguarded by you, however, in no event shall you exercise less than a reasonable standard of care with respect to such confidential information. You are also liable for any breach, compromise, or violation by your agents including, without limitation, employees, consultants, representatives and/or independent contractors of such obligations with respect to such confidential information. You are prohibited from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to determine the source code for the operation of the Site. For purposes of these Terms of Use, "reverse engineering" shall mean the examination or analysis of the Site to determine its source code, sequence, structure, organisation, internal design, algorithms or encryption devices.

You recognize and agree that there is no adequate remedy at law for a breach of this Section 7, that such breach may irreparably harm DEVICE CONNECTIONS for which monetary damages alone would not be an adequate remedy, and that DEVICE CONNECTIONS is also entitled to injunctive relief with respect to any such breach or potential breach in addition to any other remedies.

8. SOFTWARE
Copyright in any software that is made available for download from the Site (“Software”) belongs to DEVICE CONNECTIONS 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.

DEVICE CONNECTIONS may from time to time give you the option to modify your browser to enable you to access certain requested services along with other applications. In that event, a dialogue box will be shown on your screen requiring your authorisation for the modification to proceed. By clicking the 'Grant' button (or equivalent) on the dialogue box, you will allow DEVICE CONNECTIONS to modify your browser to enable you to view the service on your screen at the same time as you work on other applications. The dialogue box may display a 'high risk' notice. The reason for this is that this modification makes it technically possible for the browser to be used by DEVICE CONNECTIONS for other purposes.

Such modification will only be used by or on behalf of DEVICE CONNECTIONS to view the requested service with other applications and (if you have clicked on 'Remember this decision') to view in a similar way any other service you may specifically request from DEVICE CONNECTIONS in the future.

9. THIRD PARTY BENEFICIARIES
Persons and entities which have licensed Content to DEVICE CONNECTIONS for inclusion in the Site, are third party beneficiaries to this Agreement as it applies to their respective Content. You agree that DEVICE CONNECTIONS and such third party beneficiaries may audit your use of the Site for compliance with these Terms of Use at any time upon notice, and such audit, if any, shall occur during normal business hours.

10. EXPORT
You represent and warrant that you are entitled under U.S. export laws and regulations to access and use the Site including all Content pursuant to these Terms of Use. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce, U.S. agencies and authorities, and not to directly or indirectly export, or allow the export or re-export of the Site or Content or derivatives of the Site or Content or any copy or any direct product thereof in violation of any such restrictions, laws or regulations, or without all required licenses and authorizations.

11. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

NO WARRANTIES
This Site and all Content on the Site is provided by DEVICE CONNECTIONS on an “as is” basis and, subject to these Terms of Use, without any express or implied warranty of any kind.

DEVICE CONNECTIONS does not warrant that your access to or use of the Site and any Content will be uninterrupted or error free or that the Site or any Content on or accessible through the Site is free from errors, viruses, worms, trojan horses or other harmful element.

DEVICE CONNECTIONS 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 Site.

DEVICE CONNECTIONS may change any of the Content on the Site at any time without notice, but makes no commitment to update any Content on the Site.

DEVICE CONNECTIONS does not examine, determine or warrant the licensure, competence or information of any dealer or manufacturer listed in its directories. DEVICE CONNECTIONS 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
You accept all risks and responsibilities for all loss, damage, cost and expense arising from your access to or use of the Site and all Content. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of this Site or any Content.

Use of the DEVICE CONNECTIONS directories to locate a dealer or manufacturer is wholly voluntary and in no event shall Device Connections or any of its agents be liable for any loss to any user of the directories for the selection of a dealer or manufacturer for the services provided by any dealer or manufacturer listed therein, or for any other damages which may occur as a result thereof.

To the extent permitted by law, DEVICE CONNECTIONS 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, tort (including negligence) or otherwise, in connection with these Terms of Use or your access to or use of the Site 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 DEVICE CONNECTIONS and its officers, employees, agents or associated companies for a breach of any such term, condition or warranty is limited, at DEVICE CONNECTIONS’ option 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
You agree to indemnify DEVICE CONNECTIONS 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 Site or any Content by you or any person on your behalf.

12. LINKS
The Site may contain links to other Web sites and WAP sites provided by third parties ("Third Party Sites"). DEVICE CONNECTIONS is providing you links to Third Party Sites only as a convenience, and the inclusion of any link does not imply endorsement by DEVICE CONNECTIONS of the Third Party Site or any association with its operators. DEVICE CONNECTIONS is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction relating to goods or services available from such Third Party Sites.

13. NO ADVICE
Nothing contained on this Site is intended to be financial, legal, tax, or other advice or support. Your particular circumstances will affect the relevance and applicability of information on this Site. You should seek professional advice before relying or acting on any information contained on this Site.

14. MODIFICATION TO THESE TERMS
DEVICE CONNECTIONS reserves the right to at any time alter or modify the Site or any portion thereof. Unless explicitly stated otherwise, any changes to the Site by DEVICE CONNECTIONS shall be subject to these Terms of Use, as modified from time to time.

DEVICE CONNECTIONS may revise and update these Terms of Use from time to time. We may give notice to you of such amendment by amending these Terms of Use as they appear on the Site. You understand that you are responsible for regularly reviewing these Terms of Use. Your continued access to or use of the Site following any modification to the Terms of Use shall constitute your acceptance of and agreement to any changed terms and conditions.

15. ADVERTISING AND SPONSORSHIP
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international, federal and state law and regulations. DEVICE CONNECTIONS is not liable for any violation of law, error or inaccuracy in advertising material of such advertisers and sponsors.

16. COMPETITIONS AND PRIZES
From time to time DEVICE CONNECTIONS may run competitions, free prize drawings and promotions on the Site. These are subject to the applicable conditions and restrictions that will be made available at that time.

17. GOVERNING LAW
You agree that any disputes or legal issues arising in connection with your access to or use of the Site will be determined in accordance with the laws of Queensland, Australia and you irrevocably submit to the jurisdiction of the Courts of Queensland, Australia.

18. GENERAL

You may not assign, sub-license, or otherwise transfer any of your rights under these Terms of Use.

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.