Doover End User License Agreement
- Contractual Effect
- These Terms and Conditions govern your use of Web Portal and Content (Licenced Material).
- If you disagree with any of these Terms and Conditions or do not intend to be bound by any of these Terms and Conditions, do not select “I Accept Doover’s Terms and Conditions”, and do not access or otherwise use any of the Licensed Material. If, after accepting these Terms and Conditions, you no longer wish to be bound by them, you should immediately cease to use the Licensed Material, and de-activate your account with us.
- We may modify these terms and conditions upon notice to you at any time. Notice of these changes will be published on our Website. By continuing to use the Licensed Material after any modifications come into effect, you agree to be bound by the revised version of the Terms and Conditions.
- Definition and Interpretation
In these Terms and Conditions, unless the context otherwise requires:
Content means the content contained within the Web Portal, including but not limited to, text, graphics, icons, advertisements, photographs, databases, trade marks and other information.
Intellectual Property Rights means all intellectual property rights, including but not limited to, all copyright, patents, trade marks, domain names, design rights, confidential information, trade secrets, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make an application.
Licensed Material means the Web Portal and Content.
Services has the meaning given in clause 3 of these Terms and Conditions.
Terms and Conditions means the terms and conditions in this document.
Website means the website located at *.doover.dev.
Web Portal means the web portal provided by us for use by you.
you or your means the user of the Web Portal, or both as nominated in the user details used to apply for access to the Licensed Material, who has been provided with secure login details (in the form of an account number and password) to access the Licensed Material.
we, us, our means Span Engineering – the makers of Doover.
The Services comprise the Web Portal and related services, which enable you to access and interact with provisioned devices. Specifically, it allows you to:
- Access live and historical data from devices connected to your account
- Remotely control and manipulate your devices
- Export reports from logged data
- Manage access to devices for you team
(collectively the Services).
- Changes to Functionality
- We reserve the right to modify any of the Licensed Material at any time without prior notice to you. Where we deem it to be appropriate, we will provide you with notifications of any the modifications, but you agree and accept that we are not obliged to do so.
- You acknowledge that your access to the Web Portal or the Services or any combination of them may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore your access as soon as we reasonably can.
- Grant of Licence
- We provide you with a non-exclusive, non-transferable, non-sublicensable, worldwide licence to:
- Access and use the Web Portal, solely in connection with your use of the Services; and
- access and view all Content,
subject to you complying with these Terms and Conditions.
- You must not:
- use the Licensed Material in any way that could damage:
- our reputation;
- the reputation of other users; or
- the goodwill or other rights associated with the Licensed Material;
- permit any person (including yourself) to link to any page containing any part of the Licensed Material without our prior written consent;
- reproduce, modify, adapt or communicate by electronic means the Licensed Material, except where:
- we have granted consent to the reproduction, modification, adaption or communication of the Licenced Material; or
- you are reproducing elements of the Licenced Material using mechanisms offered and authorised by us on the Web Portal;
- create any derivate works based on the Licensed Material;
- de-compile, disassemble or otherwise reverse engineer any of the Licensed Material or permit any third party to do so; or
- attempt to gain unauthorised access to any data held by us or any other users.
- to send, receive, upload or download any material which is technically harmful (including but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- other than in conformance with accepted internet practices and practices of any connected networks;
- in a way that is illegal or otherwise contrary to law;
- in a way that would or does, impose an unreasonable or disproportionately large load on our infrastructure; or
- for a purpose other than which we have designed them or intended them to be used.
- Further, you agree in your use of the Services and Web Portal not to:
- attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
- extract data from, scam, or hack into the Web Portal;
- engage in any unlawful activity in connection with the use of the Web Portal or the Services; or
- engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Web Portal or Services.
- Intellectual Property
- We acknowledge that you own all Intellectual Property Rights in the work or content you have uploaded to the Web Portal.
- You acknowledge that we own all Intellectual Property Rights in the Licensed Material (except for any content which is licensed from a third party to us).
- Nothing in these Terms and Conditions constitutes a transfer of any Intellectual Property Rights from us to you or any third party.
- You warrant that you will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Licensed Material (except for any content which is licensed from a third party to us).
- You warrant that:
- all personal or sensitive information you provide to us will be accurate and kept up to date;
- you will not create an account for anyone other than yourself, and you will not create more than one account;
- if we disable your account, you will not create another one without our permission;
- you will not transfer your account to anyone, share your user name or password with anyone, or allow any third party to use your account, without first obtaining our written permission; and
- if you become aware of any third party using your account, you will immediately notify us, at which point we have the right to de-activate your account.
- When you use a device to access the Web Portal, the device may ask for your permission to access your content and information, as well as content and information that others have shared with you. Your agreement with that device service provider will control how the device can use, store, and transfer that content and information.
- It is your responsibility to ensure that the Web Portal and the Services meet your specific requirements before using the Web Portal or Services.
- While we endeavour to ensure the accuracy and completeness of the Licensed Material, that Licensed Material may contain errors and omissions and is liable to change. We make no warranties and accept no responsibility for any loss or damage you may suffer as a result of your use or reliance on any of the Licensed Material (including as to the quality, accuracy, completeness or fitness for any particular purpose of the material). However, we will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them.
- While we endeavour to provide a fully operational service for the Web Portal, we cannot guarantee uninterrupted access to the Web Portal. We also do not warrant or guarantee that any information transmitted via the Services or the Web Portal will be transmitted accurately, reliably, in a timely manner or at all or that the Services and Web Portal are free from viruses or anything else which may have a harmful effect on any technology. To the full extent permitted by law, we exclude all liability in respect of loss or corruption of data, interruption of the function of the Web Portal or Services or any combination of them or any special, consequential, indirect or incidental damages.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
- Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Web Portal, or electronic mail transmitted to and from us, will not be monitored or read by others.
The agreement created by these Terms and Conditions will be immediately terminated if:
- you deactivate your account, using the process contained within the Web Portal; or
- you commit a breach of these Terms and Conditions, and we decide to deactivate your account and terminate the Terms and Conditions as a result. You will be notified to your nominated email address if this occurs.
- The Web Portal is intended solely for use by you or your authorised representatives. We make no representation that the Services are available or suitable for use by other third parties or organisations.
- Notwithstanding clause 11(a), if you allow third parties or other organisations to access the Web Portal or use the Services, you are responsible for any consequences and for compliance with all applicable laws associated with those third parties or other organisations.
- These Terms and Conditions are to be governed by and construed in accordance with all applicable laws in force in the State of Queensland, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of the State of Queensland, Australia.
- If you have a complaint regarding these Terms and Conditions, you must raise it with us via email at firstname.lastname@example.org. We will then engage in good faith discussions with the objective of resolving your complaint by agreement.
- Equipment and Networks
- The provision of the Services and Web Portal does not include the provision of a mobile telephone, computer or handheld device or other necessary equipment to access the Web Portal or the Services.
- To use the Web Portal or Services, you will require internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using the Web Portal. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Web Portal or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- If you are not the bill payer for the mobile telephone or handheld device being used to access the Web Portal or use the Services, you will be assumed to have received permission from the bill payer for using the Web Portal.
- A provision of these Terms and Conditions which can and is intended to operate after its conclusion will remain in full force and effect. Without limiting the foregoing, Clause 9 (Disclaimer) will continue after the conclusion of these Terms and Conditions.
- A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or the exercise of any other right. A party will not be liable for any loss, cost or expense of any other party caused or contributed to by any waiver, exercise, attempted exercise or failure to exercise, or any delay in the exercise of, a right.
- If any clause or part of a clause of these Terms and Conditions is invalid, illegal, unlawful or otherwise incapable of enforcement, that clause or part of a clause will be deemed to be severed from these Terms and Conditions and of no force and effect. All other clauses and parts of clauses of these Terms and Conditions, however, will nevertheless prevail and remain in full force and effect and be valid and fully enforceable.
- A term under these Terms and Conditions will not be construed to the disadvantage of a party on the basis that the party was the one who proposed that term.
- If you have a query regarding these Terms and Conditions or for further information on using the Licensed Material, please contact us at email@example.com