These terms and conditions (Terms), together with our Privacy Policy (accessible online at: www.nuraspace.com/privacy (Privacy Policy), form a legally binding contract between Nura Space (ACN 642 974 427) and the individual accepting these terms (You) in relation to Your use of the Unified Work Platform mobile application (the App).
References to 'We', 'Our', or 'Us' in these Terms should be read as referring to Nura Space Technology Services Pty Ltd.
By installing, accessing or using the App, You:
acknowledge that You have read and understood these Terms and our Privacy Policy, and agree to be legally bound by them;
consent to us collecting, holding, using, disclosing, or otherwise processing Your personal information and personal data (including any sensitive or special categories of personal information or data) in accordance with our Privacy Policy.
The App
You may access and use the App in various capacities, including as an employee of an organisation or as a service provider to an organisation. The features, appearance, and functionality of the App may differ (as determined by Nura Space) depending on Your account type and the capacity in which You are accessing the App. We reserve the right to remove or change any feature of the App at any time, and for any reason. We will endeavour to provide You with reasonable prior notice through the App of any proposed change or removal of a material feature of the App.
The App uses your mobile device’s Bluetooth, NFC, and camera to connect to a Workspace. To access all of the Apps features, you need to grant the App permission to use Bluetooth and NFC, and to access Your mobile devices camera. The App will notify you when such permission is required.
We are continually updating and improving the App. Depending on your mobile device settings, some of these App updates may be automatically downloaded and installed to Your mobile device. If You are using an old or out-dated version of the App, You may be prompted to download and install an App update before You can continue using the App.
We may at any time, and without liability, suspend access to the App, or terminate the App indefinitely, including for technical, maintenance, support, or service reasons, or to otherwise protect our legitimate interests. We will endeavour to provide You with reasonable prior notice (through the App) before any suspension or termination of the App.
We do not guarantee that the App, or any part of the App will be available to You at all times or for a particular duration or period.You are responsible for Your own mobile device used to install and use the App. While the App is compatible with most Apple, Android, and Windows mobile devices, We do not guarantee or warrant that the App will be compatible with Your mobile device.
You are responsible for Your own mobile device used to install and use the App. While the App is compatible with most Apple, Android, and Windows mobile devices, We do not guarantee or warrant that the App will be compatible with Your mobile device.
While every effort is made to ensure the App functions correctly, We cannot guarantee or warrant that Your use of the App will be completely bug or error-free. If You encounter a bug or error when using the App, You can report it to us at support@nuraspace.com. We will endeavour to provide a fix or work-around for any bugs or errors notified to Us, or that we become aware of, within a timely manner.
You acknowledge that You download, install, and use the App at Your own risk. Without limitation, and except as expressly set out otherwise in these Terms, We are not liable for any:
interruptions or down-time that prevent You from accessing the App;
errors or bugs in the App;
information made available to You through the App (including information made available by other users of the App);
impact the App may have on Your mobile device or any third-party hardware, software, or systems; or
loss or corruption of data caused by the App;
Registering an Account
You need to register an account and provide the required information to be able to use the App. You will be prompted to register an account when You first open the App.
To register an account, You will need to provide Us with some personal details such as Your name and a valid e-mail address. You must provide us with complete, accurate, and up-to-date information when registering an account.
To register an account, You will also need to create an account password. You are responsible for safeguarding Your account password. If You are using the App in the course of your employment, You must notify Your employer immediately if You believe that any unauthorised third party has accessed Your password or used Your account.
Your account is unique to You. You must not:
share Your account with any other person; or
use or attempt to use the App using another person's account.
You can de-activate Your account at any time through the App. If You de-activate the account, any personal information tied to Your account will be permanently deleted.
Joining an organisation’s network
Once You have registered an account, You may receive invitations to join an organisation’s network on the App. You can be invited to join an organisation’s network as either an employee of, or a service provider to, the organisation, or in some other capacity. You must only accept an invitation to join an organisation’s network if You are in fact an employee of, or service provider to, the organisation or have another authorised relationship with the organisation.
If You join an organisation’s network, then We may share certain information about You (such as Your name, information You provide to the App, workplace related location data, and information about when, where, and how You use the App) with the organisation. By joining an organisation’s network, You consent to Us sharing this information with the organisation. More information about how we may use and share Your information with an organisation whose network You join is available on Our Privacy Policy.
An organisation can, at any time and for any reason (or without reason):
change the information You see about the organisation and its offices through the App;
change the ways in which You can interact with the organisation’s offices through the App; or
remove You from the organisation’s network (in which case, You will no longer be able to access information about the organisation’s offices or interact with the organisation’s offices through the App).
Access to an organisation’s network through the App may be subject to certain rules, policies, or guidelines set by the organisation. Any such rules, policies, or guidelines are a matter between You and the organisation. We are not responsible for enforcing any rules, policies, or guidelines set by an organisation whose network You join.
Your Use of the App
You must use the App in a responsible manner, and in accordance with all relevant laws, regulations, standards, or codes.
Except with Our express prior authorisation, You must not:
access or use the App in any manner not expressly contemplated by these Terms;
interfere with or disrupt the integrity or performance of any part of the App;
remove any copyright or trademark notices from any materials provided or made available to You through the App;
reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the App or any part thereof;
merge the App with any other software;
use data mining or similar data gathering tools or attempt to copy any of the data available from the App; and
collect data or personal information about other users of the App without the relevant users’ express written consent.
Cookies
In using the App, We may install cookies on Your mobile device. We use these cookies to collect certain information about Your mobile device, and how You use the App, such as Your device type, operating system, and the web browser used to access the App. More information about how We use cookies can be found in Our Privacy Policy.
By downloading and installing the App, You consent to Us installing cookies on Your mobile device as set out in clause 6.a and Our Privacy Policy.
Intellectual Property
We are the owner or authorised licensee of all intellectual property rights including existing and future copyright, rights in designs, trademarks and patents, whether registered or unregistered, anywhere in the world (Intellectual Property Rights) subsisting in the App.
We grant to You a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, access, and use the App solely for use by You in accordance with these Terms.
You acquire no rights or licences in or to the App other than the limited right to download, install, access, and use the App (or the relevant part of the App) in accordance with these Terms. We reserve all rights not expressly granted under these Terms.
In the event of any third party claim that the App, or Your use of the App in accordance with these Terms, infringes that third party’s Intellectual Property Rights, as between You and Us, We will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property claim and You must provide all reasonable co-operation to Us in connection with that claim.
Third-Party Content
The App may include links to, or content (including data) from, third-party websites and services (Third Party Content). You acknowledge that We do not control any Third Party Content and are not responsible for the content or accuracy of any Third Party Content.
Your use of any Third Party Content on the App may be subject to third party terms of use. You must comply with any applicable third party terms of use in relation to Your use of any Third Party Content on the App.
Exclusions
SUBJECT TO ANY NON-EXCLUDABLE TERMS, THE APP IS PROVIDED BY US “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, REPRESENTATIONS, IMPLIED TERMS AND GUARANTEES ARISING OUT OF THESE TERMS, OR IN CONNECTION WITH THE APP, INCLUDING ANY WARRANTY OR REPRESENTATION THAT THE APP:
WILL BE FIT FOR ANY PARTICULAR PURPOSE;
WILL BE FREE OF ANY VIRUSES OR DISRUPTIVE CODE;
WILL BE ERROR-FREE OR UNINTERRUPTED; AND
WILL NOT INFRINGE ANY PERSON’S RIGHTS.
FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE ANY GUARANTEES WHICH BY LAW CANNOT BE EXCLUDED OR MODIFIED, INCLUDING ANY CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW (SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) OR OTHER EQUIVALENT OR SIMILAR LEGISLATION IN YOUR JURISDICTION.
IF WE ARE LIABLE FOR BREACH OF ANY GUARANTEE OR WARRANTY THAT CANNOT BE EXCLUDED OR MODIFIED BY LAW, THEN TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR THAT BREACH WILL BE LIMITED TO (AT OUR DISCRETION) RECTIFYING ANY DEFECT IN THE APP OR RE-SUPPLYING THE APP IN ACCORDANCE WITH THE RESPECTIVE GUARANTEE.
Liability
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY TO YOU AND ANY THIRD PARTY ARISING IN CONNECTION WITH THE APP, WHETHER SUCH LIABILITY ARISES UNDER STATUE, COMMON LAW, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. FOR ANY LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED, BUT CAN BE LIMITED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE EXTENT WE DO HAVE LIABILITY TO YOU WHICH CANNOT BE EXCLUDED, OUR LIABILITY WILL BE PROPORTIONALLY REDUCED TO THE EXTENT THE LOSS OR DAMAGE IS CAUSED OR CONTRIBUTED TO BY YOU. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, POSSIBLE SAVINGS, OR LOSS OF OR DAMAGE TO ANY DATA WHETHER SUCH LIABILITY ARISES UNDER STATUE, COMMON LAW, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
Indemnity
You agree to indemnify Us (and keep Us indemnified) from and against any liability, loss, damage or expense (including legal fees) We may suffer or incur in connection with Your breach of these Terms or any wilful or negligent act or omission by You.
You are solely responsible for Your interactions with other users of the App. We have no obligation to intervene in or resolve any disputes between You and another user of the App, or between You and any other third parties (including Your employer).
Variations
We may change or update these Terms from time to time. We will endeavour to provide You with reasonable prior notice through the App of any proposed change to these Terms that is likely to materially impact Your use of the App. If You do not agree to a proposed change to these Terms, You can cease using the App or can delete Your account through the App.
General
These Terms are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts with jurisdiction to hear appeals from those courts, and waive any right to object to any proceedings being brought in those courts.
These Terms contains the entire understanding between You and Us as to the subject matter of these Terms. All previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of these Terms are superseded by these Terms and are of no effect.
No oral explanation or information provided by You or Us to the other affects the meaning or interpretation of these Terms or constitutes any collateral agreement, warranty or understanding between You and Us.
If any provision of these Terms is invalid, unenforceable or illegal in a particular jurisdiction, that provision will be struck out for that jurisdiction only and the remaining provisions of these Terms will remain in full force.
A single or partial exercise or waiver by Us of a right relating to these Terms does not prevent any other exercise of that right, or the exercise of any other right, by Us.
If You have any questions, complaints or claims in relation to the App, You should contact Us at info@nuraspace.com
