Wavin App Terms
1. This Application (“App”) is operated by Wavin Technologies Pty Ltd ACN 642 734 503 (“Wavin”, “we” or “us”) pursuant to these terms and conditions (“Terms”) for the use by venues in Australia (“Venue”, or “you”).
2. We reserve the right to review and change any of the Terms by updating this page. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
3. You accept the Terms by using the App and/or by clicking to accept or agree to the Terms where this option is made available to you by Wavin during registration or otherwise through the user interface.
4. The App is designed as a tool to assist you in meeting your contact tracing obligations. Where users opt in, you may send marketing material to them, subject always to your obligations pursuant to relevant legislation, including but not limited to the Privacy Act 1983 and the Spam Act 2003.
5. You warrant to us:
5.1. that a Direction or Order in your state or territory applies to your business requiring you to collect personal information of your customers and/or visitors as a condition of your business reopening; or
5.2. that you collect such personal information in the ordinary running of your business (eg to book appointments).
6. We do not warrant that the information collected through the App is compliant with any Order or Direction or legislative or other requirements as they may apply to you or your business.
7. It is your responsibility to ensure that you are satisfied that each of your customers and/or visitors provides the information you need to comply with your relevant legal obligations.
8. Any pre-drafted or suggested content (including the Wavin check-in form) is provided for convenience only and you make the ultimate decision whether the content is in acceptable form.
9. You must notify us in writing immediately upon becoming aware of any aspect of the App which contravenes any relevant Direction, Order, laws or regulations.
10. Where you collect any customer’s or other third party’s personal information, you must do so pursuant to the Privacy Act 1988 and/or any other relevant laws and you indemnify us for any breach by you of any such laws whether or not the collection was effected partially or in whole by your use of the App.
11. You warrant that any information you give to us in the course of registration or continued use of the App, is at all times accurate, correct and up to date.
12. While you are a paid-up subscriber of the App, we grant to you a non-exclusive non-transferable limited licence to use the App for its designed purpose only.
13. You have the sole responsibility for secure access and storage of any personal, confidential and/or sensitive information you collect.
14. While we will endeavour to store the information you collect by your use of the App, it is your responsibility to back up any data separately from us of the App. We will not be liable to you or any third party for any loss of data.
15. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you become aware.
16. You may not use the App:
16.1. for any purpose other than as set out in these Terms
16.2. for any unlawful and/or unauthorised purpose; and
16.3. you acknowledge and agree that any automated use of the App is prohibited.
17. We may vary the subscription fees to use the App at any time and we will notify you of such change before applying it to your subscription with us. Your subscription fee is payable for one month in advance and you may cancel it at any time with effect one month after you communicate the
cancellation to us.
18. We will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our control.
19. The App and all of the related products of Wavin are subject to copyright and/or patent protection. Unless otherwise indicated, all rights (including copyright) in the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Wavin.
20. All trademarks, service marks and trade names are owned, registered and/or licensed by Wavin, who grants to you a non-exclusive, revocable licence whilst you are a paid-up Subscriber to:
20.1. use the App pursuant to the Terms; and
20.2. copy and store the App and the material contained in the App in your device’s cache memory;
20.3. Wavin does not grant you any other rights whatsoever in relation to the App. All other rights are expressly reserved by Wavin.
20.4. Wavin retains all rights, title and interest in and to the App and all related services. Nothing you do on or in relation to the App will transfer any:
20.4.1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
20.4.2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
20.4.3. a thing, system or process, whether or not subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
20.5. You may not, without the prior written permission of Wavin and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the services offered by the App for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the App which are freely available for re-use or are in the public domain.
21. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:
21.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
21.2. Wavin will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the App or these Terms (including as a result of not being able to use the App or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
21.3. Use of the App is at your own risk. Everything on the App is provided to you “as is” and “as
available” without warranty or condition of any kind. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
21.3.1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
21.3.2. the accuracy, suitability or currency of any information on the App, the Services, or any of its Services related products (including third party material and advertisements on the App);
21.3.3. costs incurred as a result of you using the App, the Services or any of the products of Wavin; and
21.3.4. the services or operation in respect to links which are provided for your convenience.
22. To the extent permitted by law, Wavin’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Subscription fees you have paid to Wavin.
23. You expressly acknowledge and agree that Wavin, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
24. The Terms will continue to apply until terminated by either you or by Wavin as set out below.
25. You may remove the App from your device(s) at any time and/or cease to use it.
26. Wavin may at any time, terminate the Terms if:
26.1. you have breached any provision of the Terms or intend to breach any provision;
26.2. Wavin is required to do so by law;
26.3. the provision of the App to you by Wavin is, in the opinion of Wavin, no longer commercially viable.
27. Subject to applicable laws, Wavin reserves the right to discontinue or cancel your subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Wavin’ name or reputation or violates the rights of those of another party.
28. You agree to indemnify Wavin, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or any breach of the Terms.
29. The Terms are governed by the laws of the State of Victoria, Australia.
30. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction,
that part shall be severed and the rest of the Terms shall remain in force.