Terms & Conditions
1.1 Your use of Mokoki products, software and services (including web sites and referred to collectively as the "Services" in this document and excluding any services provided to you under a separate agreement) is subject to the terms of a legal agreement between you and Mokoki. ‘Mokoki' means the Services owned and operated under the Mokoki brand by Spectrum Wired Pty Ltd, ABN 19 107 569 924, of Lvl 1, 187 King St, Newcastle NSW Australia, 2300.
1.2 The terms and conditions as outlined in this agreement (hereafter referred to as the "Terms") constitute the minimum terms and conditions by which you are bound. Any additional terms & conditions (hereafter referred to as "Additional Terms") relating specifically to any aspect of the Services take precedence over this agreement.
1.3 The Terms, together with any Additional Terms, form a legally binding agreement between you and Mokoki. Please ensure you read and understand the Terms.
2. Acceptance
2.1 Your acceptance of these Terms is signified by:
i) selecting the accept or agree to Terms and Conditions (where applicable);
ii) actually using the Services. Your use of the Services is an implicit acceptance of the Terms on your part and will be interpreted as such.
2.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Spectrum Wired, or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Changes to Terms & Conditions
3.1 Spectrum Wired may modify these Terms at any time, and such modifications shall be effective as soon as they are posted. By continuing to use the Services after the Terms have been modified, you agree to be bound by the modification. A User is bound by any minor changes to the Terms when she or he uses the site after those changes have been posted. If, however, we are going to make changes that are materially different to the Terms as displayed previously then we will notify by posting a notice on http://www.mokoki.com.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to Mokoki will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Mokoki, unless you have been specifically allowed to do so in a separate agreement with Spectrum Wired. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Spectrum Wired, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Spectrum Wired has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Spectrum Wired may suffer) of any such breach.
4.7 Spectrum Wired reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
4.8 Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
4.9 You acknowledge that Spectrum Wired reserves the right to charge for the Services and to change its fees from time to time in its discretion. If Spectrum Wired terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Spectrum Wired for all activities that occur under your account.
5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Mokoki immediately via contact us.
6. Network Charges as relating to Mokoki Mobile
6.1 When you download Mokoki mobile, we will cover the charge for sending the text message that you need to download Mokoki mobile. However, it is possible that certain carriers or providers might also charge you for receiving this download. Also, depending on your plan and your carrier or provider, you may be charged for use of your mobile phone when you use the service provided by Mokoki mobile.
7. Term
7.1 This Agreement shall remain in full force and effect while you use the Services or are a Registered Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Mokoki may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
8. Privacy and your personal information
8.1 For information about Mokoki's data protection practices, please read Mokoki's privacy policy. This policy explains how Mokoki treats your personal information, and protects your privacy, when you use the Services.
8.2 You agree to the use of your data in accordance with Mokoki's privacy policies.
9. Proprietary rights
9.1 You acknowledge and agree that Spectrum Wired Pty Ltd owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Spectrum Wired and that you shall not disclose such information without Spectrum Wired's prior written consent.
9.2 Unless you have agreed otherwise in writing with Spectrum Wired, nothing in the Terms gives you a right to use any of Spectrum Wired's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 All mapping imagery, geocoding services and Point of Interest (POI) information is licensed from, and copyright of: Copyright 2007 Microsoft Virtual Earth, Copyright 2007 MapData Sciences Australia, and all right title and interest to such materials is vested in them. For information, Terms of Use and Terms & Conditions pertaining to these services please visit MapData Science & Microsoft Virtual Earth. As Spectrum Wired has no control as to the mapping or POI content, no warranty is provided as to the accuracy or validity of the provided information, and therefore shall not be held responsible for any harm occurring as a result of the use of this application.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 The Services contain content of Mokoki ("Content"). Content is protected by copyright, trademark, patent, trade secret and other laws, and Mokoki owns and retains all rights in the Content and the Services. Mokoki hereby grants you a limited, revocable, non-transferable & non-sublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Services.
9.6 The Services contain Content of Users and other Mokoki licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
9.7 Unless you have been expressly authorised to do so in writing by Mokoki, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Licence from Mokoki
10.1 Mokoki gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Mokoki as part of the Services as provided to you by Mokoki (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mokoki, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Mokoki, in writing.
10.3 Unless Mokoki has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Disclaimer of Warranties
11.1 THE SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. MOKOKI AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOKOKI AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE ACURACY, SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
12. Limitation of Liability
12.1 UNDER NO CIRCUMSTANCES SHALL MOKOKI OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USERS MISUSE OF THE SERVICES. SUCH LIMITATIONS OF LIABILITY SHALL APPLY DIRECTLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOKOKI AND/ OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES MADE AVAILABLE IN CONJUNCTION WITH, OR THROUGH THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
13. Jurisdiction
13.1 The Terms are governed by the Laws of New South Wales in the Commonwealth of Australia.
