Product Terms

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “REGISTER” BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. 

Who we are and what this agreement does

Zenrol Pty Ltd (We/XPLOR) license you to use the online waiting list management system known as “My Waitlist” (MWL App) through our website and associated infrastructure (Servers) and any updates or supplements to it, as permitted in these terms.

When you use the MWL APP, you MAY BE accessing and using the products and services of a third party(ies) and not us.  IF THAT IS THE CASE, AND TO MAXIMUM EXTENT PERMITTED BY LAW, We will have no liability to you WHATSOEVER for the PURCHASE OR use of any products and services accessed through THE MWL APP EXCEPT TO THE EXTENT CAUSED BY THE FRAUD, WILFUL MISCONDUCT OR NEGLIGENCE OF XPLOR. you should direct any feedback or questions in respect of such products and services to those THIRD-PARTY providers. 

Your privacy

We only use any personal data we collect through your use of the MWL App in the ways set out in our privacy policy https://www.xplortechnologies.com/us/privacy-notice. Note that you may be using a specific product or service to which a different privacy policy of a third party applies. We have no liability or responsibility for those privacy policies or the use of your personal data by such third parties.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the MWL App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Support for the mwl app and operating system requirements 

Support. If you want to learn more about the MWL App, its operating system requirements or have any problems using the MWL App, please take a look at our support resources at https://support.mywaitlist.com.au/hc/en-us 

 

You must be 18 to accept these terms 

You must be 18 or over to accept these terms.  

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. 

We will notify you of any material change(s) in writing.  You consent to receive communications and notices from us electronically. We will communicate with you, at our discretion, by e-mail, live chat, or by posting notices electronically through our website or the MWL App. Changes we make will become effective when we publish a modified version of these terms to the MWL App and/or our website.

If you continue using the MWL App after any changes to these terms have been published, you will be deemed to have accepted such revisions. If you do not agree to the notified changes, you must stop using the MWL App. 

 

 

Update to the mwl app and changes to the Service

From time to time, we may automatically update the MWL App and the Server to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 

If someone else owns the device you are using

If you access the MWL App through a device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device through which you access the MWL App.

We may collect technical data about your device

By using the MWL App, you agree to us collecting and using technical information about the devices you use the MWL App on and related software, hardware and peripherals to provide and improve the MWL App and our products and services.

We may collect location data 

The MWL App and certain third-party services within the MWL App can make use of location data sent from your devices. 

If you use such third-party services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. 

We are not responsible for other websites you link to

The MWL App may contain services not provided by us and may contain links to other independent websites which are not provided by us. Such services and independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

You will need to make your own independent judgement about whether to use any such services and independent sites, including whether to buy any products or services offered by them. 

Licence restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the MWL App in any form, in whole or in part to any person without prior written consent from us;
• not copy the MWL App, except as part of the normal use of the MWL App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the MWL App, nor permit the MWL App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the MWL App on devices as permitted in these terms; and 
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the MWL App nor attempt to do any such things, except to the extent that (by virtue of applicable law) such actions cannot be prohibited because they are necessary to decompile the MWL App to obtain the information necessary to create an independent program that can be operated with the MWL App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the MWL App;
• is kept secure; and
• is used only for the Permitted Objective;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the MWL App.

Acceptable use restrictions

You must: 

• not use the MWL App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the MWL App or any operating system;
• not attempt to gain unauthorised access to the MWL App or the Servers, whether through hacking, password mining, false key creation or by any other means;
• not establish or attempt to establish any environment in which any party other than Xplor hosts the MWL App including via protocol emulation, reverse engineering or modifying the MWL App in any form; 
• not infringe our intellectual property rights or those of any third party (including any third party who provides products and services in relation to your use of the MWL App (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the MWL App;
• not use the MWL App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; not mine, collect or harvest any information or data from the MWL App, any service or our systems or attempt to decipher any transmissions to or from the Servers running the MWL App or any Service; and
• not violate XPLOR’S Acceptable Use Policy: https://www.xplortechnologies.com/us/acceptable-use-policy 

USER CONTENT

The MWL App may enable you and others to send, edit and/or submit publicly viewable messages, reviews, ratings, comments, photos, videos, or other content (“User Content”).  You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content. 

You will only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these terms and any other guidance we provide on the Service; and your submission complies with all applicable laws and regulations.  We retain sole discretion to remove any User Content from the MWL App for any reason.

You will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation;  includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any of our products or services; or promotes commercial activities and/or sales without our prior written consent.

Other than your personal information (e.g., your name, address, and email address), you grant us and our authorised third-party affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any account, username or social media handle you used when submitting the User Content.  This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content.  

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE MWL APP, YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.

Review of User Content.  We do not and cannot review all communications and User Content posted or uploaded to the MWL App and we are not responsible for the content of these communications and materials. From time to time, and at our complete discretion, we may enable you and others to moderate communications and User Content,  however, we reserve the right to block or remove communications or materials that we determine, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to us. Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction. 

SUBMISSION OF IDEAS

Our policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively, “Ideas”). 

Please do not submit any Ideas in any form to us. Any Idea that is offered or communicated to us through the MWL App or otherwise shall be our property and may be treated by us as non-confidential information. You agree that: (a) any Idea (including its complete contents) submitted by you to us will automatically become our property, without any compensation to you; (b) we may use or redistribute any Idea and its contents for any purpose and in any way, without any compensation to you; (c) we have no obligation to review any Idea; and (d) we have no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by us.

Intellectual property rights

All intellectual property rights in the MWL App throughout the world belong to us and the rights in the MWL App is licensed (not sold) to you. You have no intellectual property rights in, or to, the MWL App other than the right to use it in accordance with these terms.

 

 

COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of our users and other third parties.  If you are a copyright owner and believe that any content on the MWL App infringes your copyrights, you may file a copyright infringement notification with us by email legal@xplortechnologies.com. In your correspondence:

• Identify the copyrighted work that you claimed has been infringed.   Describe the work and, where possible, include a copy or the location (e.g., URL) of an authorised version of the work. If applicable, provide a copy of the copyright registration certificate.
• Identify the material that you believe is infringing.  Be specific and clear, and provide the material’s URL location.   It is best to include screenshots.
• Include your contact information, including your address, telephone number, and e-mail.
• Include the alleged infringer’s contact information, if available.
• Include and ensure that the following is true: “I have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.”
• Include and ensure that the following is true: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Sign the document (or have a person authorised to act on your behalf sign the document).

Upon receipt of your notification, we may investigate and remove the applicable material at our sole discretion.

If we become aware that one of our users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate that user’s Account.

INDEMNITY

You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing using your account except to the extent caused by the fraud, wilful misconduct or negligence of Xplor.

Our responsibility for loss or damage suffered by you

DISCLAIMER

NOTHING IN THIS AGREEMENT LIMITS RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW, INCLUDING THE CONSUMER GUARANTEES IN THAT LAW. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MWL APP AND ITS CONTENT (INCLUDING USER CONTENT), AND ANY OTHER FEATURES, FUNCTIONALITIES OR SERVICES ASSOCIATED THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WE HEREBY SPECIFICALLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY, SECURITY AND NON-INFRINGEMENT.

We make no warranties that the MWL App or any content or other material obtained through the MWL App and other User Content, or any related services, shall meet your requirements, or that the MWL App shall be uninterrupted, timely, secure, non-infringing or error-free.  You understand and hereby agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the MWL App.  No advice or information, whether oral or written, obtained by you from us, or through the MWL App shall create any warranty not expressly made herein.  You may not rely on any such information or advice.  We assume no liability or responsibility for any performance degradation, interruption or delays of the MWL App, errors or omissions in any content (including User Content) or other materials on or through the MWL App, or damages to, non-performance of, or errors. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the MWL App is non-infringing of any rights of any third party.  To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.

Any decision or action taken by you on the basis of information or content provided on the MWL App is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the MWL App. 

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MWL APP, ITS CONTENT, OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORISED ACCESS TO OR USE OF THE MWL APP OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF THE OTHER ISADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE MWL APP OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES EXCEPT TO THE EXTENT CAUSED BY THE FRAUD, WILFUL MISCONDUCT OR NEGLIGENCE OF XPLOR. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE ALSO MADE ON BEHALF OF ALL OF OUR GROUP ENTITIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 

Please back-up content and data used with the MWL App. We recommend that you back up any content and data used in connection with the MWL App, to protect yourself in case of problems with the MWL App.

Check that the MWL App is suitable for you. The MWL App has not been developed to meet your individual requirements. Please check that the facilities and functions of the MWL App (as described at https://mywaitlist.com.au/) meet your requirements.

We are not responsible for events outside our control. If our provision of the MWL App is delayed by an event outside our control.

 

We may end your rights to use the mwl app if you break these terms

We may end your rights to use the MWL App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the MWL App:

• You must stop all activities authorised by these terms, including your access to and use of the MWL App;
• You must delete or remove the MWL App from all devices in your possession and immediately destroy all copies of the MWL App which you have and confirm to us that you have done this; and
• We may remotely access your devices to prevent your access to and use of the MWL App

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights to any third party (under applicable law or otherwise) to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree that any legal action or proceeding between us and you for any purpose concerning these terms shall be brought exclusively in a court of competent jurisdiction of Victoria, Australia.