Updated 13 February 2016
These terms of service ("Terms") apply to your access and use of GoMobile Network Test App (the "Service") powered by Digital Economy Group Pty Ltd (DEG). Please read them carefully.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing:
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective 7 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to go to http://www.support.gomobile.digitaleconomygroup.com.au/ to check for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
GoMobile App user requirements
- When used in a vehicle to capture test results a navigator/tester is operate the app not the driver
- DEG will not be responsible or liable for any traffic infringements, accidents or loss of life occurring as a result of using the app
- DEG will not be responsible for any contractual or financial action take or not taken as a result of using the testing app.
- Users must be aware that the app results may vary based on the individual device, location and other environmental factors
- Any data use, internet connectivity cost, call costs or other carrier service provider charges are the responsibility of the account holder not DEG
- No app users are to use the GoMobile app to generate revenue without prior written agreement of DEG
- Copyright in works contained in the App, including but not limited to all software, design, text, sound recordings and images, are owned, or licensed, except as otherwise expressly stated, by us. You may access the App for your own use of the facilities offered. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the App or any of its components
- GoMobile Network Test is an App of Digital Economy Group Pty Ltd.
Ownership of IP remaining with Digital Economy Group.
We are and remain the owner of the App at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the App in any way.
You acknowledge that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the technology used or supported by the App or any App Service other than the right to use each of them in accordance with the terms of this Agreement.
You may download the App to view, use and display the App on the Devices for your organisation use only. You must delete the App from a Device if you change that Device or intend to dispose of it.
- not remove or tamper with any copyright notice attached to or contained in the App;
- not use the App or any App Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any App Service or any operating system;
- not use the App or any App Service in a way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other users;
- not carry out reverse engineering in respect of the App; and
- comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App or any App Service, which may include but is not limited to not using the App in a country where the use of the App or any App Services is unlawful.
GoMobile Network Test App Materials
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by Australian and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
Hyperlinks and Third Party Content
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
Digital Economy Group Pty Ltd makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Unavoidable Legal Stuff
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL DIGITAL ECONOMY GROUP PTY LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO DIGITAL ECONOMY GROUP PTY LTD. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
We take intellectual property rights seriously. If you find any of your own or others' intellectual property on this website that you feel that violates the Copyright Act 1968 (Cth), please contact us at firstname.lastname@example.org
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws in Queensland, without regard to conflicts of law principles. You unconditionally submit to the jurisdiction of the courts of Queensland. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
These Terms constitute the entire agreement between you and the GoMobile Network Test App regarding the use of the Service, superseding any prior agreements between you and GoMobile Network Test App relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, the GoMobile Network Test App. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, the GoMobile Network Test App, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions & Contact Information
Questions or comments about the Service may be directed to us at the email address email@example.com
Last Revised: 6th January 2016
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. The types of information we may collect may include your address to help assist improving the search functionality on our website, however, we do not associate the data with other personally identifiable parameters such as IP addresses. The data is collated through server logs and Google Analytics.
Information We Collect Automatically When You Use the Services
We utilise Google Analytics to log visitor and user traffic. When you access or use our services, we automatically collect information about you, including:
- Log Information: We may collate information about your use of our service, including the type of browser you use, access times, pages viewed and the page you visited before navigating to our services.
- Device Information: We may collect information about the computer you use to access our services, including the hardware model, and operating system and version.
- Location Information: We may collect information about the location of your device each time you access or use one of our mobile applications or otherwise consent to the collection of this information.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer. Cookies are small data files stored on your hard drive or in your device memory that helps us to improve our services and your experience, see which areas and features of our services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our services or emails and to track count visits or understand usage and campaign effectiveness.
For more details about how we collect information, including details about cookies and how to disable them, please see "Your Information Choices" below.
Information We Collect from Other Sources
In order to provide you with access to the Service, or to provide you with better service in general, we may combine information obtained from other sources (for example, a third-party service whose application you have authorized or used to sign in) and combine that with information we collect through our services.
Use of Information
We use information about you for various purposes, including to:
- Provide, maintain and improve our service;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about news and information related to our service;
- Monitor and analyse trends, usage and activities in connection with our services; and
- Personalize and improve our services.
By accessing and using our services, you consent to the processing and transfer of your information in and to the United States and other countries.
Sharing of Information
We do not share personal information about you to third-parties without prior permission.
Third Party Analytics
We take reasonable measures to help protect personal information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Your Information Choices
While our website does not request for location identification through web technologies, you may endeavour to enter your personal address or location in order to undertake website actions. This may include search queries, browsing pages relating to your locality and setting areas as "My Regions". We may track or record some of this data in order to improve and analyse trends to optimise our services.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our services.