A. Our Terms 

1. These Terms explain how you may use these Services, which are provided by us free of charge. 

2. The Terms and Conditions of Use outlined below applies to the Eckode mobile application, website, and all other associated Services that we provide (“Services”). 

3. You should read these Terms carefully before using any Services provided by Eckode. 

4. By accessing or using our Services or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. 

5. If you do not agree with or accept any of these Terms, you should stop using our Services immediately. 

6. If you have any questions about our Services, please contact us by: 

e-mail: info@eckode.com 

7. Definitions 

Content 

means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on our Services; 

Terms 

means these terms and conditions of use as updated from time to time; 

Intellectual property rights 

means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world); 

Unwanted Submission 

has the meaning given to it in the section entitled "submitting information to our Services"; 

Privacy policy 

means the policy (www.eckode.com/privacy), which governs how we process any personal data collected from you; 

Services 

has the meaning given to it in clause 2.1; 

We, us or our 

means EKT Holdings Pty Ltd (company registration number ACN: 641 853 303) the registered office of which is at: 

77 Barwon Terrace, South Geelong, Victoria 3220, Australia 

References to us in these Terms also includes any group companies which we may have from time to time. 

You or your 

means the person accessing or using the Site or its Content. 

8. Your use of our Services means that you must also comply (where applicable) with our Privacy policy 

9. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes. 

 

B. Using our Services 

1. The Services we provide is for your personal and non-exclusive use only. As long as you comply with these Terms of Use EKT Holdings Pty Ltd grants you a personal, non-exclusive, non-transferable, limited privilege to use our Services. 

2. You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of our mobile application or website, or in any way reproduce or circumvent the navigational structure or presentation of our Services or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Services. 

3. You may not attempt to gain unauthorized access to any part or feature of our Services, or any other systems or networks connected to our mobile application or website or to any of our servers, or to any of the Services offered on or through the mobile application or website, by password "mining", hacking or any other illegitimate means. 

4. You may not scan, probe or test the vulnerability of the mobile application or website or any network connected to the Services, nor breach the security or authentication measures on the mobile application or website or any network connected to our mobile application or website. 

5. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the mobile application or website, or any other customer of ours, to its source, or exploit the mobile application or website or any service or information made available or offered by or through the mobile application or website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the mobile application or website. 

6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services or our systems or networks, or any systems or networks connected to our Services. 

7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our Services or any transaction being conducted by our Services, or with any other person's use of our Services. 

8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the mobile application or website or any service offered on or through the mobile application or website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

9. You may not use our Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others. 

10. To use our Services in your country of residency, you acknowledge you are responsible for compliance with local laws where they are applicable. 

11. Downloading Our Mobile Application 

When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that: 

(i). These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our Mobile Application. 
(ii). The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims. 
(iii).The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement. 
(iv). The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.

12. You agree that you are solely responsible for: 

(i). Providing information that is truthful and accurate for the purposes of creating an account;  

(ii). All costs and expenses you may incur in relation to your use of our Services; and 

(iii). Keeping your password and any other account details confidential. 

13. You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account. 

14. We seek to make our Services as accessible as possible. If you have any difficulties using our Services, please contact us at info@eckode.com. 

 

C. Ownership, use and intellectual property rights 

1. The Services and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit. 

2. Nothing in these Terms grants you any legal rights to our Services other than as necessary to enable you to lawfully access our Services as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained in our Services (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within our Services. 

3. Trademarks: 

The following are our trademarks: 

The Eckode Logo 

The following are trademarks owned as set out below: 

The Google logo; the Apple logo; the Google Play logo; the Apple App Store logo; the Bluetooth logo.  

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. 

Other trademarks and trade names may also be used in our Services. The use of any trademarks within our Services is strictly prohibited unless you have our prior written permission. 

 

D. Submitting information to our Services 

1. While we try to make sure that the Services provided are secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to any of our Services. While we value your feedback, you agree not to submit any Unwanted Submissions. 

2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor our Services to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions. 

 

E. Accuracy of information and availability of our Services 

1. While we try to make sure that our Services are accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that our Services will be fit or suitable for any purpose. Any reliance that you may place on the information on our Services is at your own risk. 

2. We may suspend or terminate operation of our Services at any time as we see fit. 

3. Content is provided for your general information purposes only and to inform you about us and our products and news, features, Services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. 

4. While we try to make sure that our Services are available for your use, we do not promise that our Services will be available at all times nor do we promise the uninterrupted use by you of our Services. 

 

F. Hyperlinks and third-party sites 

Our Services may contain hyperlinks or references to third party websites other than our mobile application or website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or Services. Your use of a third-party site may be governed by the terms and conditions of that third party site. 

 

G. Limitation on our liability 

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to: 

(a) losses that: 

(i). were not foreseeable to you and us when these Terms were formed; or 

(ii). that were not caused by any breach on our part 

(b) business losses; and 

(c) losses to non-consumers. 

 

H. Events beyond our control 

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lockouts or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident. 

 

I. Rights of third parties 

No one other than a party to these Terms has any right to enforce any of these Terms. 

 

J. Disputes 

1. We will try to resolve any disputes with you quickly and efficiently. 

2. If you are unhappy with us or our services, please contact us as soon as possible. 

3. If you and we cannot resolve a dispute using our complaint handling procedure, we will: 

(a) let you know that we cannot settle the dispute with you; and 

(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint. 

4. If you want to take court proceedings, the relevant courts of Australia will have exclusive jurisdiction in relation to these Terms. 

5. Relevant Australian law will apply to these Terms.

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Last Updated: 22 October 2021

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