SELECT MOBILE APP TERMS AND CONDITIONS
The ‘Application’ shall mean the software provided by Select Australia Pty Ltd (‘Select’) to offer products and services related to Select, and its partners’ services, to be used on Apple iOS and Android devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
- DATA PROTECTION
The Application allows you to access certain functionality available on the selectaustralia.com.au website. Such access will be governed by the Select Website User Agreement.
- PROPRIETARY RIGHTS AND LICENCE
5.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Select or by Select’s licensors.
5.2. Select hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your personal use in accordance with these App Terms.
6. CONDITIONS OF USE
6.1. You will not, nor allow third parties on your behalf to
(i) make and distribute copies of the Application
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or
(iii) create derivative works of the Application of any kind whatsoever.
6.2. The Application is currently made available to you free of charge for your personal, non-commercial use. Select reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these App Terms, at any time and for any reason.
6.3 Select may amend these terms and conditions at any time and without notice. Your continued use of the Application after any amendment constitutes your agreement to be bound by the amended terms and conditions.
7.1. This Application is available to handheld mobile devices running Apple iOS Operating System. Select will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Select’s reasonable control.
7.2. Select, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
7.3. Select will not be responsible for any support or maintenance for the Application.
- SYSTEM REQUIREMENTS
8.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
8.2. The Software Requirements are as follows:
(i) Apple iOS devices running iOS 11 or later. Language: English.
(ii) Android 5.0 or up. Language: English.
8.3. The versions of the Application software may be upgraded from time to time to add support for new functions and services.
9. COLLECTION OF INFORMATION
10.1. Select may terminate use of the Application at any time by giving notice of termination to you.
10.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software.
11. LIMITATION OF LIABILITY
11.1. In no event will Select be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
11.2. Select is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
11.3. Nothing in these App Terms shall exclude or limit Select’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.