The Rekon Toolkit Mobile Application (the “App”) is owned by Rekon Group Pty Ltd (“Rekon”, “we”, “us”, “our”), an Australian corporation with its principal place of business at Level 28, AMP Tower, 140 St Georges Terrace, Perth, Western Australia, Australia 6000.
By using the App, you agree to be bound by these App terms and conditions (“Terms & Conditions”) and to use the App in accordance with them. Throughout these Terms & Conditions, the terms “you and “your” mean a user of the App, and “use” of our App includes downloading, accessing, browsing or registering to use the App. These Terms & Conditions apply to all users of the App. Please read the Terms & Conditions carefully.
1. Purpose of the App
The App allows you to capture all information required to follow the Rekon DECIDE™ and DIRECT™ decision tools in a structured manner and stores each decision as a project for later review. You can capture details related to the background behind the decision, allocate tasks to other users, view a GANTT chart of all tasks, capture photographs and export data to PDF for sharing. The App is intended to assist you in making better quality decisions, faster.
Any organisation that uses our App must ensure that its employees, contractors and other personnel who have access to the App are made aware of and agree to abide by these Terms & Conditions.
Users must be over 18 yrs: This App is not intended for use by minors. By agreeing to these Terms & Conditions, you represent that you are at least eighteen (18) years or older and can therefore make legally binding contracts.
3. Intellectual Property
Ownership: All intellectual property rights, including but not limited to copyright and trade mark rights, in and to the App and all materials on the App (including but not limited to all text, graphics, characters, text, images, video, software and other materials on the App, as well as the overall design or ‘look and feel’, hereafter referred to as the “Content”) is either owned by us or our licensors. The App and Content is also protected by trade dress, unfair competition, confidential information and other laws.
You must not during or at any time after the termination of these Terms & Conditions do or permit anyone else to do any act which infringes our copyright, trade mark rights or other proprietary rights. In particular, you agree not to sell, copy, reproduce, translate, transfer, adapt, vary, modify, reverse engineer, decompile, distribute, re-transmit, disassemble or create derivative works of the App and Content (or any part thereof), without our express prior written consent, or as expressly authorised by the Terms & Conditions, or as permitted under the Copyright Act 1968 (Cth).
You agree that modification of any copyright, trade mark or other proprietary notices in the App and Content without our express prior written consent is strictly prohibited.
4. Interactive Features
The App has a variety of features, including [email services], which allow feedback to us and real-time interaction between users, as well as other features that allow users to communicate with others and us.
You agree to be fully responsible for your own conduct and content while using the App, and for any consequences thereof. You agree to use the App only for proper purposes and in accordance with these Terms & Conditions and any applicable laws and regulations (particularly any laws regarding conduct online, acceptable content and data).
Restrictions on Use: It is a condition of your use of the App that you do not:
- Restrict or inhibit use or any other user from using and enjoying the App;
- Use the App to knowingly transmit false or misleading information, impersonate any person or entity, or to falsely represent your affiliation with a person or entity;
- Use the App to encourage others to commit or engage in illegal activities;
- Obtain or attempt to gain unauthorised access to, interfere with or disrupt the App, Content or any account, computer system or network connected to the App by means such as hacking, password mining or other illegal means;
- Use the App to post or transmit any information, software or other material that contains a virus, worm, defect or other harmful component;
- Use the App to post or transmit any unlawful, threatening, abusive, defamatory, derogatory, obscene, vulgar, pornographic, profane, negative or indecent information of any kind;
- Use the App to upload, post, email or transmit any information, software or other material that violates or infringes the proprietary rights of others, including material that is protected by any copyright, trade mark, patent or other proprietary rights, without first obtaining permission from the owner or rights holder;
- Copy, reproduce, transfer, sell, distribute, re-transmit, translate, adapt, vary, modify, reverse engineer, decompile, disassemble or create derivative works of the App and Content (or any part thereof), except as expressly authorised in writing by us;
- Submit Content that falsely expresses or implies that such content is sponsored or endorsed by us or a third party, unless you are authorised to do so by that third party;
- Remove, alter or obscure any copyright, trade mark or other proprietary right notices in the App and Content;
- Use the App to advertise or solicit to anyone to buy or sell products or services without our expressed written approval;
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the App.
5. User Content
Liability and Risk: To the extent permissible at law, we accept no responsibility, risk or liability for any material submitted, posted or otherwise provided to us by our users through the App (“User Content”). By using the App, you accept all responsibility, risk and liability for the User Content that you supply.
You acknowledge that we have the right but not the obligation to monitor User Content. We assume no liability or responsibility arising from the any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. Under no circumstances will we be liable for any loss or damage caused by your reliance on any User Content. You hereby irrevocably and unconditionally waive any claim whatsoever against us arising out of any such communication.
We reserve the right to alter, edit, refuse to post or remove any User Content (in whole or in part) at any time and for any reason including but not limited to removal of User Content that is in our reasonable opinion illegal, indecent, obscene, offensive or that otherwise violates the Terms & Conditions in any way. We also reserve the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect Rekon, our subsidiaries, our clients and users.
Your licence to us: By posting or submitting any User Content to us via or in relation to the App, you are representing: (i) that you are the owner of the User Content, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any User Content, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trade mark or patent laws in any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your User Content by name, email address, screen name and/or images, as we deem appropriate.
6. Subscriptions and Payments
Access through Subscriptions: Your access to Content commences when you download the App and accept these Terms & Conditions. Your full access to the Content commences when you choose a monthly or annual subscription (collectively, a “Subscription”) and pay the applicable fee and any applicable taxes. Rekon makes no warranties, express or implied, as to the length of time the App or Content will be available, or the duration of its corporate existence. Should Rekon cease to make the App available or dissolve or otherwise cease to exist, all Subscriptions shall immediately terminate and you will no longer be able to access the App or Content. Rekon does not intend to imply a refund policy and no such policy exists with regard to Rekon’s cessation of existence, except as may be available to you under the End-User License Agreement.
Where to find the price for the Subscription: We reserve the right to change our Subscription plans or adjust pricing for the App or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. The price of the Subscription will be the price indicated on the pages when you placed your Subscription order directly through the App. The monthly and annual Subscriptions will be subject to automatic renewals in accordance with the End-User License Agreement. Some Subscriptions may be made available to you for a trial period or for no charge.
Automatic renewal: Your monthly and annual Subscriptions will automatically renew unless otherwise cancelled by you.
Changes or payment issues: If you wish to make a change to your Subscription or have any question regarding payments, please contact the source from which you purchased and downloaded the App (Apple Store for iOS devices and Google Play for Android devices). Any payment issues are governed by the applicable End-User License Agreement. If you have any questions or complaints about the Subscription, please contact us using the contact details set out at the end of these Terms & Conditions.
7. Termination & Suspension
Suspension: These Terms & Conditions are effective unless and until terminated by either you or us. We may, however, have to suspend your access to the App and/or Content to:
- deal with technical problems or make minor technical changes;
- update or make changes to the Content;
- address requests or directives from law enforcement or other authority; or
- due to your violation of these Terms & Conditions.
Reasons why Apple or Google may suspend access: If you do not pay for access to the App pursuant to the term of your Subscription or the automatic renewals under your Subscription, access to the App can be suspended by Apple or Google (as applicable) until you have paid the outstanding amounts. We will not charge you for the access during the period for which access to the App is suspended.
We are not responsible for events outside our control: If access to the App or Content is interrupted or delayed by an event outside our control, we will take reasonable steps to minimize the effect of the delay and will not be liable for delays caused by the event.
Termination by you: You may terminate your access to the App at any time by deleting the App. We do not offer any refunds and all sales are final. Your refund, if any, will be made in accordance with the End-User License Agreement from the source from which you downloaded the App (Apple Store or Google Play).
Termination by us: We may terminate your access to the App (or any part thereof) at any time for any reason or for no reason, in our sole discretion, including but not limited to breach of these Terms & Conditions or your failure to make any Subscription payment on time. In the event of termination, you are no longer authorised to access any part of the App affected by such termination.
Survival: Upon any termination of your access to the App (or any portion thereof), all provisions of these Terms & Conditions which by their nature should survive will survive, including but not limited to the intellectual property provisions, disclaimers, limitations of liability, indemnification and dispute resolution provisions.
No warranties provided: You agree that your use or, or inability to use, the App is at your sole risk. The App and Content are provided “as is” and “as available” for your use. To the extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, quality, fitness for a particular purpose, title and non-infringement. We do not warrant that the App or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this App (including the servers that make it available) are free of viruses or other harmful or malicious components. We make no warranty or representations of any kind, express or implied, regarding the App or Content regarding their completeness, accuracy, currency, reliability, appropriateness for any purpose or otherwise.
Results Disclaimer: The Content is provided for general informational and educational purposes only. We make no representations, warranties or guarantees regarding the results you or others will achieve if you use the App. In particular, we do not take any responsibility for decisions taken by any users based primarily or solely on the information provided in this App. While we’ve done our best to ensure that we accurately represent the App and its ability to help you and your business make decisions, you are ultimately responsible for your results. The results experienced by users vary significantly. To the extent that we present testimonials or other statements concerning the results achieved by users, you should understand that those statements are not expressed or implied claims that you or others will achieve similar results. Please use caution and seek advice from professional advisors before taking or refraining from any action on the basis of any Content on our App.
9. Limitation of Liability
To the full extent permitted by applicable laws, under no circumstances shall Rekon, our subsidiaries, affiliates, officers, directors, employees, contractors, agents, service providers and suppliers be liable for any indirect, incidental, special or consequential loss or damages of any kind that result from the use or the inability to use the App and Content or for any other claim in any way related to the App, even if we are advised beforehand of the possibility of such damage.
If, notwithstanding the above paragraph, we are liable to you for any such damage or loss then that liability shall be limited (at our option) to any one or more of the following:
- in the case of goods, replacement of the goods or the supply of equivalent goods; repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; or
- in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
You agree at all times to indemnify, defend and hold harmless Rekon, its subsidiaries, officers, directors, employees, contractors, agents, affiliates, service providers and suppliers from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any part of these Terms & Conditions.
12. Changes and Third Party Links
Changes to these Terms & Conditions: We reserve the right to make changes to these Terms & Conditions at any time without notice and in our sole discretion. Any changes will be uploaded to the App following the making of such changes and effective from the date of posting. Your continued use of the App following such changes shall constitute your acceptance of the amendments. Please check these Terms & Conditions periodically to take notice of any changes. If at any time you choose not to accept these Terms & Conditions, including following any such amendments, then you must stop use of the App.
Changes to the App: We may make changes to the App and Content at any time without notice and in our sole discretion. We reserve the right at any time to discontinue the App and Content (or any part thereof), and to limit, modify, suspend or discontinue any product or service available through the App without notice. We will not be liable to you for any changes.
Third party links: The App may provide links to third party websites and provide you with access to third party services (such as social networks and calendars). Unless explicitly stated, Rekon does not endorse or recommend any person or organisation associated with the linked websites or services. These Terms & Conditions do not apply to those websites or services. We have no control over third party websites and services, and we accept no responsibility for them or for any loss or damage to you that may arise from using them. Please ensure that you review and agree with the terms & conditions of use of any linked website or services before use.
Unenforceable terms: Each of the clauses in the Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, void or unenforceable, the remaining clauses will continue in full force and effect.
Waiver: The failure of use to exercise or enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision.
Disputes: You acknowledge and agree that any and all disputes arising from this agreement shall be exclusively resolved upon written demand by you or us for binding arbitration. Before you take a dispute to arbitration, however, you must first write to us using the contact details set out at the end of these Terms & Conditions and give us an opportunity to resolve the dispute. We will then attempt to resolve the dispute by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date we are notified of a dispute, then either party may contact the other to request arbitration of the dispute. Time for Filing Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related this agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Governing Law: You agree that the Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Western Australia, Australia without any reference to any conflict of laws. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia and the Commonwealth of Australia and the courts of appeal therefrom.
Information Transfer: The Terms & Conditions shall be binding upon and inure to the benefit of Rekon and our respective assigns, successors, heirs, and legal representatives. In particular, in the event that our business (or part of it) is ever sold, acquired, merged, liquidated, reorganised or otherwise transferred, we reserve the right to transfer to the extent permissible at law all information we hold about you as a result of your use of the App and our other products and services (including any personal information contained on our databases), to a third party acquiring the assets.
All enquiries regarding Subscriptions or billing should be directed to the source from which you downloaded the App (Apple Store or Google Play).
All other enquiries, including complaints, feedback, comments and other communications, relating to the App should be directed to Rekon at: firstname.lastname@example.org.
The App is owned by Rekon Group Pty Ltd located at Level 28, AMP Tower, 140 St Georges Terrace, Perth, Western Australia, Australia 6000.
Last Updated: November 2019