WeFiApp

Terms of Use

 

Welcome to WeFiApp!  Please read this document carefully. It governs Your relationship with Us and sets out legally binding provisions which regulate Your use of Our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform.

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To assist You, We have prepared summaries of Our Terms of Use. Our summaries are comes right under each section. The summaries are not a substitute for reading the operative provisions of Our Terms of Use. The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

 

 

 

Operative Provisions

1.     Acceptance and modification of these Terms of Use

1.1.        You may only access, browse and use our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform if You accept these Terms of Use. By accessing, browsing and/or using Our platform, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy).

1.2.        We may modify and/or replace these Terms of Use from time to time without notice (except where You are a Registered WeFiApp User - in which case We will notify You of the update using the email address that You enter into Your Platform Account).

1.3.        We will always upload the latest version of these Terms of Use to this webpage.

1.4.        If You do not wish to accept these Terms of Use, You must not and cannot use the Platform or any part of it.

 


     Summary

        By using Our platform, You agree to Our Terms of Use. We may change Our Terms of Use at any time.

 

2.     Definitions and Interpretation

2.1.        Definitions

In these Terms of Use:

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means Monday - Friday excluding public holidays in New South Wales.

Business Hours means 9:00am - 5:00pm on Business Days.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

Monthly Payment Arrangement means as set out in clause 8.2.

Monthly Wi-Fi Sharing Fees means as set out in clause 7.1.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).

Platform means the WeFiApp website platform owned and/or provided by Us, the homepage URL of which is www.wefiapp.com  and www.wefiapp.com.au  and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the platform, and also refers to any desktop and mobile versions of the website platform and any of Our associated smartphone applications, including our “WeFiApp” smartphone application.

Platform Account means Your WeFiApp account on the Platform that is setup when You register on the Platform.

Platform Services means as set out in the Platform Services Description.

Platform Services Description means  the description of our Platform found at www.wefiapp.com and www.wefiapp.com.au 

Platform Usage Charge means the charge payable to Us by WeFiApp Consumers for use of Our Platform, as specified on Our website at www.wefiapp.com and www.wefiapp.com.au

Privacy Policy means Our Privacy Policy located at www.wefiapp.com/privacypolicy.html

Registration Data means as set out in clause 12.1.

Registered WeFiApp User means as set out in clause 5.1.

Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.

We, Our, Us, we, our and us are all references to sharemywifibox Pty Ltd [ABN 34 608 013 458], a company incorporated in New South Wales.

WeFiApp Consumer means as set out in clause 6.2.

WeFiApp Owner means as set out in clause 6.2.

Wi-Fi network password means as set out in clause 7.1.

You or you means you, the person who accesses the Platform for any reason, whether or not You are a Registered WeFiApp User.

 

2.2.   Interpretation

In these Terms of Use:

(a)      Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.

(b)      A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.

(c)       Currency refers to Australian dollars unless expressly specified otherwise.

(d)      A reference to a statute or regulation includes amendments thereto.

(e)      A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.

(f)       A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.

(g)      A reference to time is to time in NSW.

(h)      A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.

(i)        The words "includes", "including" and similar expressions are not words of limitation.


     Summary

        Capitalised terms in these Terms of Use are defined in this clause.

 

 

3.     Access and use of the Platform by unregistered WeFiApp Users

3.1.   Unregistered WeFiApp Users of the Platform may not use the Platform Services.

3.2.   Registration on the Platform is free. Anyone over the age of 18 who has capacity to enter into a legally binding contract is entitled to register on the Platform as a Registered WeFiApp User, subject to clause 4.


     Summary

        You can't use most of the vast majority of the functionality provided by the platform until you register as a user of the Platform.

 

4.     Registration

4.1.   We reserve the right to accept or reject any person's registration on the Platform in Our absolute discretion.

4.2.   If You submit an application to register on the Platform, You will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only.

4.3.   You must ensure that You provide a valid email address at the time of registration.

4.4.   If any of Your contact details or other information which You provide during the application process change, You must promptly update those details in Your Platform Account with Your up-to-date details and information.

4.5.   You must not provide Your Platform Account name or the password for Your Platform Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your Platform Account (including unauthorised use).

4.6.   You must immediately notify Us if You become aware of any unauthorised use of Your Platform Account.


     Summary

        Your registration on Our platform is subject to Our approval.

 

 

5.     Registered WeFiApp Users

5.1.   Only persons who have registered on the Platform and who have a Platform Account (each a "Registered WeFiApp User") may access the Platform Services.

5.2.   Registration is available via our smartphone application known as “WE-FI app”. Our smartphone application can be downloaded from the Apple App Store for use on iOS devices, and from Google Play for use on Android devices.

5.3.   You agree and acknowledge that if You become a Registered WeFiApp User You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.

5.4.   A Registered WeFiApp User may only access the Platform Services solely for the purpose(s) specified in the Platform Services Description and subject to the provisions set out in the Platform Services Description and in these Terms of Use.

5.5.   You must pay all costs associated with accessing the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if You are a WeFiApp Consumer, Platform Usge Charges.

 


     Summary

        If you register on Our platform you must pay any applicable fees.

 

6.     The different types of Registered WeFiApp Users

6.1.   There are two types of Registered WeFiApp Users:

(a)     WeFiApp Owners: those who share their Wi-Fi networks (and Internet connections) with other Registered WeFiApp Users, or who indicate using the Platform that they wish to share their Wi-Fi networks (and Internet connections) wish other Registered WeFiApp Users; and

(b)     WeFiApp Consumers: users who connect to the Wi-Fi networks of WeFiApp Owners, or who indicate using the Platform that they wish to connect to the Wi-Fi networks of WeFiApp Owners.


     Summary

        You can register on the Platform as either a WeFiApp Owner or a WeFiApp Consumer.

 

7.     WeFiApp Owners

7.1.   WeFiApp Owners can use the Platform to advertise the fact that their Wi-Fi networks are available for use by WeFiApp Consumers.  A WeFiApp Owner simply enters into our smartphone application the location of its Wi-Fi network, the Wi-Fi network access credentials (“Wi-Fi network password”) and the monthly price that he or she wishes to charge to WeFiApp Consumers for access to the WeFiApp Owner’s Wi-Fi network (and Internet connection shared via that Wi-Fi network) (“Monthly Wi-Fi Sharing Fee”).  The Platform then automatically advertises that Wi-Fi network to WeFiApp Consumers who have registered on the Platform and who have entered a physical address within the vicinity of the WeFiApp Owner’s Wi-Fi network (as specified by the WeFiApp Owner).

7.2.   When registering on the Platform as a WeFiApp Owner, a WeFiApp Owner needs to enter the email address associated with his or her PayPal account into the relevant field of our smartphone application so that all Monthly Wi-Fi Sharing Fees that are paid by WeFiApp Consumers to access a WeFiApp Owner’s Wi-Fi network using the relevant Wi-Fi network password can be transferred to the relevant WeFiApp Owner’s PayPal account.

7.3.   We do not accept responsibility for payment disputes between WeFiApp Owners and WeFiApp Consumers.  

7.4.   A WeFiApp Owner can change his or her Wi-Fi network password or Wi-Fi network name (SSID),  terminate his or her Platform Account, withdraw access to his or her Wi-Fi network, terminate any Wi-Fi sharing arrangement with a WeFiApp Consumer, or disconnect his or her Wi-Fi network, at any time. Termination of any Wi-Fi sharing arrangement formed via the Platform with a WeFiApp Consumer can be carried out with or without notice.  However, if a WeFiApp Owner terminates a Wi-Fi sharing arrangement by following the relevant prompts on Our smartphone application, the Platform will automatically send a notification email to the relevant WeFiApp Consumer notifying him or her of the termination.


     Summary

        Listing your Wi-Fi network on WeFiApp as a WeFiApp owner is simple. You need a PayPal account to get paid through WeFiApp.

 

8.     WeFiApp Consumers

8.1.   WeFiApp Consumers can use the Platform to search for Wi-Fi networks of WeFiApp Owners advertised by the Platform in the vicinity of the WeFiApp Consumers.

8.2.   If a WeFiApp Consumer wishes to connect to a Wi-Fi network, the details of which the WeFiApp Consumer obtains via the Platform, the WeFiApp Consumer can attempt to do so by subscribing to a monthly payment arrangement with the WeFiApp Owner, by following the relevant prompts on Our smartphone application, and setting up a recurring monthly payment for the relevant Monthly Wi-Fi Sharing Fee via the WeFiApp Consumer’s PayPal account (“Monthly Payment Arrangement”).

8.3.   We do not represent that any Wi-Fi network advertised via the Platform is actually located in the location advertised on the Platform by the relevant WeFiApp Owner.  We also cannot and do not verify the strength of the relevant Wi-Fi networks, the credentials required in order to access the networks, the speed of the networks, the capacity of the networks and/or any other details concerning the capability, lawfulness or other details of the networks.

8.4.   When registering on the Platform as a WeFiApp Consumer, WeFiApp Consumers need to enter the email address associated with their PayPal account into the relevant field of our smartphone application so that all Monthly Wi-Fi Sharing Fees can be automatically paid on a monthly basis from that PayPal account to relevant WeFiApp Owners.

8.5.   A WeFiApp Consumer is not locked into any long-term contract with a WeFiApp Owner for the use of any Wi-Fi network (or Internet connection) of the WeFiApp Owner. A WeFiApp Consumer can terminate any arrangement for the use of a WeFiApp Owner’s Wi-Fi network that it has located via the Platform, by following the instructions on Our smartphone application.  In addition, a WeFiApp Consumer is entitled to terminate the Monthly Payment Arrangement via the WeFiApp Consumer’s PayPal account at any time.


     Summary

        WeFiApp Consumers can use the Platform to find WeFiApp Owners’ Wi-Fi networks. You need a PayPal account to pay WeFiApp Owners.

 

 

9.     Payment Gateway

9.1.   A third party payment gateway provided by PayPal Australia Pty Limited ("Payment Gateway") is used to process payments made by WeFiApp Consumers of Monthly Wi-Fi Sharing Fees, and payment made to Us of our Platform Usage Charge.

9.2.   The Platform Usage Charge is automatically added to the Monthly Wi-Fi Sharing Fees specified by WeFiApp Owners, so that the Monthly Wi-Fi Sharing Fees advertised to WeFiApp Consumers include both the Monthly Wi-Fi Sharing Fees specified by the relevant WeFiApp Owners and our Platform Usage Charge.

9.3.   If you are a WeFiApp Consumer, you hereby irrevocably authorise us to deduct all Platform Usage Charges from each of the Monthly Wi-Fi Sharing Fees that you pay.

9.4.   If You are, or if You become a Registered WeFiApp User, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:

(a)     that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;

(b)     that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;

(c)     that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and

(d)     acknowledged, understood and agreed to comply with the applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the "Payment Gateway Agreement"), copies of which are available on the Payment Gateway provider website at www.paypal.com.au.

9.5.   You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.


     Summary

        We don't control the payment gateway used on the platform and we are not responsible for it or its security practices.

 

10.   Our involvement

10.1. We do not share Wi-Fi networks, do not provide Our Wi-Fi networks for sharing, and have no involvement in any commercial and/or other relationships and arrangements between users of Our Platform.

10.2. Our Platform is merely a marketplace that allows WeFiApp Consumers to obtain details about the Wi-Fi networks of WeFiApp Owners, and provides a forum through which WeFiApp Owners can advertise the details of their Wi-Fi networks, and facilitates the entering into of sharing arrangements with WeFiApp Consumers.

10.3. We are not a party to any contract or arrangement between WeFiApp Consumers and WeFiApp Owners.

10.4. We do not endorse or recommend any WeFiApp Owners or WeFiApp Consumers.

10.5. WeFiApp Consumers and WeFiApp Owners enter into Internet connection and WiFi network sharing arrangements with each other at their sole risk.


     Summary

        We do not share Wi-Fi networks, or otherwise get involved in the Wi-Fi and internet sharing arrangements of Registered WeFiApp Users.

 

11.   Responsibility for sharing Wi-Fi networks and internet connections and for browsing Wi-Fi networks

11.1. By providing the Platform and the services that We make available through the Platform, We do not accept responsibility for the lawfulness of, or endorse, recommend or promote any unlawful conduct, or the breach of any applicable laws, regulations or codes of conduct. 

11.2. Those who share their Wi-Fi networks should ensure that when doing so, they comply with all applicable laws, regulations and codes of conduct.  In some jurisdictions, it may be necessary to obtain telecommunications carrier licences and/or other licences and/or approvals and/or to comply with other legal requirements prior to sharing a Wi-Fi network and/or an Internet connection.  It is Your responsibility (and not Ours) to ensure that all such matters are attended to and that there is no non-compliance with legal requirements in relation to the sharing of your Wi-Fi network or Internet connection at any time or in any way.  For example, but without limiting the foregoing provisions, some Internet access providers prohibit the resupply of an Internet connection.  It is your responsibility to ensure that if you share an Internet connection that you obtain through a third party (“ISP”), with a WeFiApp Consumer, that in doing so You do not  breach Your contractual and other legal obligations that You owe in favour of Your ISP.

11.3. If you are a WeFiApp Owner, you acknowledge that you may be liable to your ISP or otherwise for data that is uploaded or downloaded by WeFiApp Consumers over the Internet via your Wi-Fi networks, and that use of an Internet connection that you obtain from your ISP that you share with a WeFiApp Consumer is likely to count towards your download/upload quota allocated by your ISP.

11.4. By registering on the Platform as a WeFiApp Owner, you warrant and represent to Us that you have read your ISP contract and contacted your ISP, to confirm that there are no contractual impediments or restrictions in your contract with your ISP to You sharing your Internet connection and Wi-Fi network with any WeFiApp Consumers and that having done those things, you can so confirm that there are no such contractual impediments.

11.5. If you are a WeFiApp Consumer, you agree not to use any Wi-Fi network or internet connection of a WeFiApp Owner to breach or contravene any law, legislation, common law, regulation or code of conduct, or the rights of any person.

11.6. If you are a Registered WeFiApp User of any kind, You must indemnify us for any loss or damage that we incur as a result of your breach of your legal obligations, whether set out in these Terms of Use, or otherwise.

11.7. We do not provide any legal advice of any nature and You agree that We are not and have not provided you with any legal advice.  If you have any questions about your legal obligations and responsibilities, we strongly recommend that you obtain independent legal advice as to your specific circumstances.

 


     Summary

        We are not responsible for any legal issues regarding the sharing of Wi-Fi networks and internet connections and/or for browsing Wi-Fi networks.

 

 

12.   Responsibility for and ownership of Registration Data

12.1. If You are a Registered WeFiApp User, We agree that as between You and Us, You own all data that You enter into our smartphone application at any time ("Registration Data").

12.2. You agree and acknowledge that:

(a)     the Platform and/or Your Registration Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia; and

(b)     We may not own or operate the infrastructure upon which the Platform and/or the Registration Data is hosted.

12.3. If You are a Registered WeFiApp User, You warrant, agree and represent that:

(a)     You will only upload, input and transfer Registration Data into and/or via the Platform or disclose Registration Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose; and

(b)     Your Registration Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person.

12.4. If You are a Registered WeFiApp User, You license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Registration Data on the Platform as required by Us to provide the Platform Services.

12.5. Each Registered WeFiApp User is solely responsible for the accuracy, legality and quality of all its Registration Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Registration Data in connection with the provision of the Platform Services.

12.6. If You are a Registered WeFiApp User, You acknowledge that Your access to Your Registration Data that is hosted by the Platform Services is subject to Your compliance with these Terms of Use.

12.7. Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Registration Data.

12.8. You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Registration Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Registration Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.


     Summary

        You own the data that you upload into Our platform. You have to get permission, where relevant, from the owner of the data before uploading it. We are not responsible if anything happens to that data.

 

13.   Availability of Platform Services

13.1. Subject to clauses 13.2, 13.3 and 13.4, while You are a Registered WeFiApp User of the Platform, We agree to use reasonable endeavours to procure hosting of the Platform Services and your Registration Data and to ensure that the Platform Services are available.

13.2. The availability of the Platform Services to You will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Platform Services Description, and any planned and unplanned maintenance of the Platform and/or Our hosting providers.

13.3. You agree and acknowledge that the accessibility and use of the Platform, the Platform Services and your Registration Data hosted by the Platform Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Platform and/or Platform Services and/or Registration Data operate, interface with or connect to, and that We are not responsible for any non-performance of the Platform associated with any of those matters.

13.4. Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Platform, Platform Services or your Registration Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You may have against Us in respect of any interruption, error or unavailability of the Platform, Platform Services or any Registration Data.


     Summary

        Our platform might go offline from time to time.

 

 

14.   Usage Restrictions

14.1. You may not make any use of the Platform except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Platform. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Platform or any content You obtain via the Platform (other than Your Registration Data). In addition, You must not, nor may You permit any person to:

(a)     copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Platform and/or any content in the Platform (except any of Your Registration Data) (except as expressly permitted by the Copyright Act 1968 (Cth));

(b)     do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;

(c)     use the Platform in any way that infringes Our rights or the rights of any third party;

(d)     use the Platform to create any product or service that competes with the Platform; or

(e)     take any steps to circumvent any technological protection measure or security measures in the Platform.

14.2. You must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.

14.3. You must not use the Platform or any part of the Platform in breach of these Terms of Use.


     Summary

        We own the platform and all IP in the platform. You cannot infringe our IP rights.

 

 

15.   Acceptable Use Policy

15.1. You agree that:

(a)     using the Platform (or any Wi-Fi network or internet connection) to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;

(b)     using the Platform (or any Wi-Fi network or internet connection) in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;

(c)     using the Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise, is strictly prohibited by these Terms of Use;

(d)     introduction of malicious programs into any network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;

(e)     revealing Your Platform Account password to others or allowing use of Your Platform Account by others is strictly prohibited by these Terms of Use;

(f)      using another person's name, username or password or otherwise attempting to gain access to the Platform Account of any other person is strictly prohibited by these Terms of Use;

(g)     using the Platform to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;

(h)     using the Platform (or any Wi-Fi network or internet connection) to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(i)      using the Platform (or any Wi-Fi network or internet connection) to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;

(j)      using the Platform (or any Wi-Fi network or internet connection) to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;

(k)     using the Platform (or any Wi-Fi network or internet connection) to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;

(l)      using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Platform is strictly prohibited by these Terms of Use;

(m)    sending unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;

(n)     using the Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and

(o)     use of the Platform (or any Wi-Fi network or internet connection) in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use.


     Summary

        You cannot use the platform (or any Wi-Fi network or internet connection) for any illegal purpose or to violate any person's legal rights.

 

 

16.   Intellectual Property Rights

16.1.     You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

16.2.     As between You and Us, except in respect of Your Registration Data, We own all Intellectual Property Rights in the Platform.

16.3.     You have no rights in the Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

16.4.     You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Platform or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Platform, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.

16.5.     You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Platform or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of Your Registration Data or with respect to the rights granted to You by these Terms of Use to use the Platform.


     Summary

        We own the platform and all IP in the platform. We also own all improvement suggestions that you make regarding the platform.

 

 

17.   Responsibility for other users

17.1.     We do not accept responsibility for the conduct of any users of Our Platform.

17.2.     If You believe that another user of Our Platform has breached these Terms of Use please contact Us.

17.3.     We are not a party to any transaction for the supply of goods or services advertised by any user of the Platform. Before entering into any transaction with any other user of the Platform, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

17.4.     Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform.


     Summary

        We cannot be held responsible for the conduct of Our users.

 

 

18.   Responsibility for third party claims

18.1.     You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

(a)     Your use of the Platform; and/or

(b)     Your goods and/or services and/or your advertising and/or sales and/or marketing practices.


     Summary

        We are not responsible for any claims made by third parties.

 

19.   App-Specific Provisions

19.1.     The provisions of this clause 19 apply only to Your use of any Platform smartphone application that You download from the Apple App Store or Google Play (each, an app).

19.2.     You agree that this Terms of Use is an agreement between You and Us and not between You and Apple, or You and Google. As between Us and Apple Inc., and as between Us and Google Inc., We are solely responsible for any product warranties pertaining to the app, whether express or implied by law, to the extent not otherwise effectively disclaimed under these Terms of Use.

19.3.     In the event of any failure of the app to conform to any applicable warranty and where the warranty relates to Your use of a version of the app downloaded through the Apple App Store You may notify Apple, and Apple will refund the purchase price for the app to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty will be Our sole responsibility.

19.4.     You and We each acknowledge that, subject to clause 19.5, as between You and Us, We, and not Apple or Google, are responsible for addressing any of Your claims relating to the app or Your possession and/or operation of the app, including, but not limited to: (i) product liability claims made in respect of the app; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the app.

19.5.     Notwithstanding the provisions of clause 19.2, 19.3 and 19.4, and for the avoidance of doubt, You agree:

(a)     to release and indemnify Us from any claims that You or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the app and any other claims, losses, liabilities, damages or expenses) caused by any of Your acts or omissions;

(b)     You, and not Us, will be solely responsible for any of the matters referred to in clauses 19.2, 19.3 and 19.4 to the extent they are caused or contributed to by You.

19.6.     We and You each acknowledge that neither Apple, Google or Us have any obligation whatsoever to furnish any maintenance or support services with respect to the app.

19.7.     You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

19.8.     We and You each acknowledge and agree that Apple and Google, and Apple's and Google's respective subsidiaries, are third party beneficiaries of this clause 19 of these Terms of Use, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce this clause 19 of these Terms of Use against You as a third party beneficiary of this clause 19 of  these Terms of Use.


     Summary

        Apple and Google are not responsible for any smartphone apps that you use in connection with the Platform.

 

20.   Hyperlinks

20.1.     We do not represent, recommend or endorse any websites to which We have linked from the Platform via hyperlink or otherwise.


     Summary

        We are not responsible for third party sites.

 

 

21.   Liability

21.1.     Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.

21.2.     The information on the Platform is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Platform.

21.3.     To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by you, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.

21.4.     Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Platform, or with respect to any of the circumstances addressed in clause 18.1.

21.5.     Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered WeFiApp User of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. 

21.6.     If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered WeFiApp User of the Platform to any person) are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, at Our option, to one or more of the following:

(a)     if the breach relates to goods:

(i)     the replacement of the goods or the supply of equivalent goods;

(ii)    the repair of such goods;

(iii)   the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)   the payment of the cost of having the goods repaired; and

(b)     if the breach relates to services:

(i)     the supplying of the services again; or

(ii)    the payment of the cost of having the services supplied again.

21.7.     Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

21.8.     Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

21.9.     To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to the aggregate sum of the Monthly Wi-Fi Sharing Fee paid by You to Us.


     Summary

        Our liability is limited in many ways.

 

 

22.   Termination

22.1.     If you are not a Registered WeFiApp User, We may terminate these Terms of Use and Your access to the Platform or any part of it at any time without notice.

22.2.     If You are a Registered WeFiApp User, We may terminate Your Platform Account and Your access to the Platform by notice to You if:

(a)     You breach any material term of these Terms of Use; or

(b)     where reasonably necessary to protect Our legitimate commercial interests.

22.3.     We may take down the Platform or any part of it or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.

22.4.     You can terminate Your Platform Account at any time.

22.5.     Termination  of these Terms of Use and access to the Platform does not affect any accrued rights of either party.


     Summary

        You and We can terminate your access to the platform under certain conditions. We will give you a refund in certain circumstances.

 

 

23.   Notices

23.1.     Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details for your Platform Account.

23.2.     You may contact Us or send a notice to Us using Our contact details that are specified on Our website at www.wefiapp.com/contactus  

23.3.     Any notice issued by hand shall be deemed delivered upon delivery.

23.4.     Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

23.5.     Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.

23.6.     We may send You email or other electronic messages concerning Your Platform Account and the Platform from time to time.  

 


     Summary

        Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.

 

 

24.   General

24.1.     Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.


     Summary

        We reserve our rights.

 

 

24.2.     Amendment: These Terms of Use may be amended by Us at any time. If you are a Registered WeFiApp User, We will notify You of the amendments by providing notice in writing or via email and if You do not agree to the amendments You can terminate Your Platform Account and cease using the Platform.


     Summary

        We can change these Terms of Use at any time. If you are unhappy about the changes, you can terminate your Platform account.

 

 

24.3.     Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms of Use at any time.


     Summary

        You cannot transfer your rights under these Terms of Use unless we approve the transfer. We can transfer our right and obligations at any time.

 

 

24.4.     Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.


     Summary

        If part of these Terms of Use are not legally binding, the rest still are.

 

 

24.5.     Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.


     Summary

        We are not partners, employers or employee or any other special commercial relationship.

 

 

24.6.     Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.


     Summary

        Our liability is only limited to the extent permitted by law.

 

 

24.7.     Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersedes all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.


     Summary

        These Terms of Use set out our entire agreement.

 

 

24.8.     Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales.


     Summary

        This agreement is interpreted in accordance with the law in force in NSW.