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Mojo App Terms of Use

Welcome to the Mojo Power Mobile application.  Our Mobile application, its contents, and any other related media form, media channel, mobile app (collectively, the app) is owned and operated by Mojo Power Pty Ltd (ABN: 85 604 909 837), successors and assignees, (we or us).

These Terms of Use (Terms) govern your use of our app, is available on our app and may be available through any other of medium owned by us. The Terms form a contract between you and us if you use the app, including if you subscribe to receive updates from us. Please read these Terms carefully. Your use of the app indicates that you have had sufficient opportunity to access the Terms and that you have read and accept the Terms.

  1. General Information:

The general information, including statements, opinions and documents contained in this app (Information) is for general information purposes only and has been prepared on the basis of estimates for Australian customers only. Any change in circumstances may impact on the accuracy of the information. We strongly advise you to seek independent professional advice before making any investment decisions. Any reliance you place on the Information is at your own risk and we are not responsible for any outcome of using the app.

  1. Account:

To use the app, you must be a Mojo customer and hold an account for one or more properties with us. To access your account, you must sign in with your login details, which you must keep confidential. Where you no longer hold an account with us, your login access rights will be removed immediately. If anyone other than you obtains access to your login details or you suspect your account has been hacked, you must notify us immediately.

  1. Your details:

The personal details contained in the app are those you provided to us at the time of sign-up or as you have amended from time to time. You are responsible for ensuring that these details are up-to-date and to notify us if there is any change to your circumstances.  We reserve the right to terminate your access if any information you provide is not correct.

  1. Licence:

We grant you a non-exclusive, revocable, non-transferable right and licence to use the app for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.

  1. Conditions of use:

You must not copy any of the intellectual property in this app or use the app in a way that is contrary to this agreement or is not in good faith.

  1. Charges:

This app is free to download and use for Mojo customers. Some functions in the app might use a small amount of mobile data. If you’re roaming, all data used will be charged at the applicable roaming rate.

  1. Compatibility:

The app should be compatible with your smart device (with the exception of Windows phones). We are not responsible for compatibility issues you may have with any device which has been modified, damaged or stolen.

  1. Features:

The features in this app are only available if you have a smart meter installed at the property your account is related to.  Some extra features are available where you also have solar panels installed at your property.

  1. Data Feed:

Your smart meter relays information to relevant market participants which we collect, analyse and represent to make it available for you (Data). This includes but is not limited to:

  • Energy usage – both past and current
  • Previous, current and projected spends
  • Real time energy and spend feeds
  • Solar analytics

This data is owned by us and is handled in accordance with our Privacy Policy.

  1. Timing and accuracy of information:

You may be able to view all or some of the information above about your usage in the app. Not all information is generated in real-time. Typically, usage info is updated within 24 hours. You may also be able to see a description of your account and inclusions in the app.

The information made available will not always be free of faults or errors, where such occurs, we endeavour to have it corrected at the earliest possible and are not to be held accountable for the incorrection.

  1. Data Use:

The data we obtain as per clause 9, is for the purposes of providing services to you. From time to time we may use the data for purposes other than what is prescribed in these Terms and in accordance with all the applicable rules and laws.

You are only authorised to use the data in accordance with these Terms.

  1. Notifications:

We may send you push notifications relating to the operation of the app or your use of it and any other related information or offers.

  1. Prohibited Conduct:

You must not:

  • use the app for any activities, or to post or transmit any material from the app unless you hold all necessary rights, licences and consents to do so:
    • that infringes the intellectual property or other rights of any person;
    • that would cause you or us to breach any law, regulation, rule, code or other obligation;
    • that defames, harasses, threatens, menaces, offends or restricts any person;
    • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
    • that would bring us, or the app, into disrepute;

(b)    interfere with or inhibit any user from using the app;

(c)    use the app to send unsolicited email messages;

(d)    attempt to or tamper with, hinder or modify the app, knowingly transmit viruses or other disabling features, or damage or interfere with the app, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the app; or

(e)    facilitate or assist another person to do any of the above acts.

  1. Copyright and Intellectual Property Rights:

Our app contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our app. We own the copyright which subsists in all creative and literary works displayed on the app.

You agree that, as between you and us, we own all intellectual property rights in the app, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights.

You must not breach copyright or intellectual property rights, including but not limited to, that you must not:

(a)    alter or modify any of the code or the material on the app;
(b)   cause any of the material on the app to be framed or embedded in another app;
(c)    create derivative works from the content of the app;
(d)    use our app for commercial purposes; or

(e)  copy or use any logos, images or trademarks appearing on the app.

  1. Privacy:

We are committed to protecting your privacy. Please read our Privacy Policy, available on our app. By agreeing to the Terms, you agree to accept our Privacy Policy.

  1. Your content:

If you choose to add any content on the app, you:

(a)    warrant to us that you have all necessary rights to post the content;
(b)    grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way permissible by law; and
(c)    you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

  1. Third party information:

The app may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.

  1. Third Party links and apps:

This app may contain links to apps or sites owned by third parties (Third Party sites). We do not control, recommend, endorse, sponsor or approve Third Party sites, including any information, products or services mentioned on Third Party sites.

  1. Reservation of Rights:

We reserve the right, in our sole discretion, to:

  • amend or delete any and all of your content,
  • charge, limit or discontinue any aspect, content or feature of the app; and
  • block or ban any user or remove their account, if we believe that there is a violation of these Terms or any misuse of the app, or for any other reason, in our sole discretion.
  1. Delays and outages:

We are not responsible for any delays or interruptions to the app. We cannot warrant that the app will be available at all times or at any given time. We may at any time and without notice to you, discontinue the app in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the app.

  1. Limitation of Liability:

To the extent permitted by law, we exclude all liability for any loss or damage suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the app.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms and the Australian Consumer Law to the extent applicable.

  1. Disclaimer:

To the extent permitted by law, he app is provided to you without warranties (express or implied) including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not make any warranties or representations as to the contents or functions of the app, that your access to the app will be error free, that any defects will be corrected, that the app or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the app will operate on a continuous basis or be available at any time.

While we endeavour to keep the app and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

(a)    the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the app for any purpose;
(b)    Third Party Information; or
(c)    Third Party sites.

You read, use, and act on information contained on the app, Third Party Information and/or Third Party sites, strictly at your own risk.

  1. Indemnity:

By using the app, you agree to defend and indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a)    your use of or access to the app;
(b)    any breach by you of these Terms; or
(c)    any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the app.

  1. Breach:

You may only use the app for lawful purposes and in a manner consistent with the nature and purpose of the app. By using this app, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this app. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the app and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

  1. Exclusion of Competitors:

You are prohibited from using our app, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our app and Information, in our sole discretion.

  1. Enforceability:

If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

  1. Termination:

The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

  1. Disputes:

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

  1. Jurisdiction:

Your use of this app and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the jurisdiction of the Courts of New South Wales for determining any dispute concerning the Terms.

  1. General:

We may vary these terms of use by publishing a new version on this app.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.

For questions and notices, please contact us at:

Mojo Power Pty Ltd (ABN: 85604909837)
Address: GPO Box 7049, Sydney, New South Wales, 2001, Australia
Email: info@mojopower.com

Last update: January 2018

 

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