MOBILYSER: TERMS OF SERVICE ("TERMS")


“Mobilyser” is an interactive online service operated by JKP Tech Pty Ltd (ACN 163 434 866) (“JKP”) which allows members to upload and analyse data relating to the telephone calls made using their mobile phones. The Mobilyser service is available on both traditional computer-based online platforms accessible at http://www.mobilyser.net (the “Website”), and its companion software application designed for use with nominated smartphones and operating systems (the “App”). Members should use both the Website and the App to enjoy the most benefits from the Mobilyser service.

As a condition of using the Mobilyser service, including the use of the Website and/or the App, JKP requires all users to accept and comply with these Terms and other policies, including its Privacy Policy (as defined below) which together create a binding, legal agreement (the “Service Agreement”).

The terms and conditions of these Terms are as follows (see paragraph 10.1 below for definitions):

  1. NATURE OF THE SERVICE
    1. Members acknowledge and agree that the Service is an interactive service platform that allow Members to upload and analyse Call Data with the following primary attributes, being the ability (subject to these Terms) to:
      (a) tag, organise and sort Call Data into categories for management and viewing;
      (b) store and keep records of Call Data to enable analysis and manipulation;
      (c) manipulate Call Data, including formatting and modifying such data where appropriate;
      (d) analyse and calculate certain costs, fees and expenditures associated with Call Data;
      (e) track and analyse Call Data, including the duration and costs of telephone calls; and;
      (f) generate reports and summaries relating to Call Data.
    2. Notwithstanding the matters in paragraph 1.1 above, Members acknowledge and accept that the Service:
      (a) is provided “as is” and is not tailored to the specific circumstances of any Member, and any information JKP makes available regarding the capabilities and functions of the Service, including its performance, may be hypothetical and/or achievable only in limited circumstances;
      (b) is provided as a tool to assist Members and that they must not rely on or use the Service as a sole and unverified mechanism to generate data or other information that might then be provided to and relied upon by third parties;
      (c) may no be appropriate for operation in certain circumstances such that Members must exercise utmost discretion and care when operating the Service;
      (d) may contain instructions for its operation, however, Members must exercise utmost discretion and care when following such instructions as they may not be appropriate for the Member’s own circumstances;
      (e) may be and/or is intended to be used with other third-party equipment and services, including electronic devices (such as a desktop computer and/or a smartphone) with an active and reliable Internet connection, and that it is the Member’s sole responsibility to ascertain and procure such equipment and services and to comply with any technical requirements that relate to the Service, including any hardware, software and firmware requirements, use of an update Internet browser with appropriate settings, having a suitable and reliable telecommunications service that allows the making of telephone calls via a smartphone, and allowing the use of “cookies”, “flash” or other tracking;
      (f) may offer different features, functions or performance capabilities to Members (whether such difference is temporary and/or permanent) as a result of any equipment and services which a Member uses in connection with the Service;
      (g) may log, track and/or store any usage statistics (including Call Data) relating to Members to allow JKP to operate, monitor, maintain, refine, upgrade, analyse or promote the Service;
      (h) must not be relied upon as the sole means of analysing or interpreting Call Data, especially in connection with any activity which may attract loss or damage howsoever caused;
      (i) relies on the completeness, reliability, accuracy, currency and validity of Member Content uploaded by Members which JKP does not screen, vet or review;
      (j) may change over time without notice or liability to Members as a result of changes implemented by JKP;
      (k) is not intended to provide or be used as a substitute for accounting, taxation or other professional, advice; and
      (l) may provide links and/or information relating to accounting and/or taxation matters for general informational purposes that should not be relied upon without seeking professional advice.
    3. In relation to the operation and use of the Service, Members acknowledge and agree that:
      (a) they will follow the instructions provided by JKP;
      (b) they will not operate or rely on the Service, as the case may be:
      (i)in any manner or for any purpose contrary to that disclosed in the Service Agreement;
      (ii)in any manner that might be, or be regarded as, unlawful, fraudulent or that does or might infringe the legal, equitable or other rights of a third party;
      (iii)in circumstances where a reasonable person in the Member’s position would not have so operated or relied on the Service; or
      (iv)in a way that is unreasonable given the intended purpose and capabilities of the Service;
      (c) it is their sole responsibility to ensure that they have obtained all the necessary rights to upload the Member Content and to use the Member Content in the manner contemplated by this Service Agreement, including any rights pertaining to Call Data which may or may not have been created or provided by a telecommunications carrier or carriage service provider;
      (d) they will not upload Member Content that is, or might be, unlawful, fraudulent, misleading or deceptive, unconscionable, defamatory, offensive, obscene, commercially sensitive or that otherwise infringes, or that might infringe, the legal, equitable or other right of any third party (including (without limitation) Intellectual Property Rights);
      (e) they must only upload Member Content that is complete, reliable, accurate, current and valid and it is their sole responsibility to satisfy itself as to the completeness, reliability, accuracy, currency and validity of any Member Content;
      (f) it is their sole responsibility to backup any Member Content they upload to the Service;
      (g) it is their sole responsibility to ensure that any JKP Content and/or Third-Party Content is suitable for their purposes before use in conjunction with the Service;
      (h) it is their sole responsibility to obtain independent accounting, taxation or other professional advice in relation to their operation of or their reliance on the Service, including use of JKP Content;
      (i) it is their sole responsibility to comply with all relevant laws and regulations that apply to their use and operation of the Service;
      (j) they will not violate or attempt to violate any security features of the Service, including (without limitation) as follows:
      (i)accessing content or data not intended for the Member, or logging onto a server or account without authority;
      (ii)attempting to probe, scan, or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures without proper authorisation;
      (iii)interfering or attempting to interfere with service to any network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” “hijack” or “crashing”;
      (iv)using the Service to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services;
      (v)forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting in connection with the Service;
      (vi)attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any part or component of the Service; or
      (vii)attempting to monitor, track or extract any Internet traffic or other data exchanged via the Service; and
      (k) they will be solely responsible for all costs and damages incurred, howsoever incurred, in connection with a breach of any one or more of the matters in this paragraph 1.3 or the use of the Service in a manner contrary to this Service Agreement (including the matters in paragraph 1.2 above).
  2. ACCOUNTS & SUBSCRIPTION
    1. JKP may from time to time offer the Service on one or more subscription bases (“Subscriptions”) as notified by JKP, including those entitling a Member to Full Membership or Trial Membership only.
    2. Anyone wishing to become a Member must establish an Account and in doing so must also choose a Subscription.
    3. Members’ Features offered through the Service by JKP may vary and are dependent on the Subscription selected by a Member and a Subscription may require payment of Membership Fees specified by JKP. Members have sole responsibility to select a Subscription suitable to their own requirements.
    4. In relation to their Accounts, Members acknowledge and agree that:
      (a) it is their sole responsibility to maintain the confidentiality of an Account, including any Member name and password required to access, operate or maintain an Account;
      (b) they will not cause or allow any Account to be leased, sold, transferred to or operated by another person; and
      (c) JKP excludes responsibility for any loss or damage that a Member incurs due to informational or technical errors in the Account establishment process or as a result of an unauthorised person using their Account, including the use of any Member Content.
    5. JKP may allow Members to upgrade or change their Subscription at any time, however, Members must comply with any terms or conditions that apply to such Subscription (including terms and provisions in the Service Agreement which are only applicable to the particular Subscription).
    6. Members who operate the Service without being required to pay any Membership Fees, including Members on a Trial Membership, must not attempt to establish another Account, other than with JKP’s permission, for the purpose of operating the Service if their initial Account has expired (see paragraph 3 below) or is otherwise terminated or suspended for any reason by JKP.
  3. MEMBERSHIP TERM
    1. Members acknowledge and agree that JKP may, from time to time, set and change a term or other time restriction (“Membership Term”) that applies to a Subscription.
    2. Upon expiry or termination of the applicable Membership Term, the Subscription shall also expire or terminate, as the case may be, and a Member must cease to use or operate the Service.
    3. Unless an applicable Subscription states otherwise, the Membership Term in respect of a Trial Membership ends thirty-one (31) calendar days from the commencement of the day on which the relevant Account was established.
    4. The Membership Term in respect of any Full Membership may differ according to the relevant Subscription as notified by JKP and Members are solely responsible for ensuring that the Membership Term is sufficient for their own purposes.
    5. JKP may allow Members to extend or renew a Membership Term in respect of a Subscription and in that case the Service Agreement will continue to apply in full other than for amendments required by changes notified by JKP including any revised Membership Fees.
  4. MEMBERSHIP FEES
    1. JKP may require Members to pay Membership Fees for the Service as part of a Subscription.
    2. Members acknowledge and agree that:
      (a) certain Members’ Features may only be available to a Member when they acquire Full Membership and/or pay a Membership Fee;
      (b) JKP may in its discretion introduce a Membership Fee for any Subscription not previously subject to a fee or for the use of one or more Members’ Features where features were originally free or offered for a lower fee prior to the introduction of the Membership Fee;
      (c) Membership Fees become due and are payable monthly in advance unless otherwise agreed by JKP;
      (d) Membership Fees are not generally refundable unless otherwise agreed by JKP;
      (e) JKP shall be entitled to increase the Membership Fees at any time on not less than one (1) months’ prior notice to the Member;
      (f) all amounts due and payable to JKP under the Service Agreement must be paid by a Member to JKP by any method required by JKP, in fully cleared funds, without set-off or counterclaim; and
      (g) JKP is authorised to retain any payment information and details submitted by the Member for its own accounting and business records and as otherwise required by law.
  5. WARRANTIES, DISCLAIMERS AND INDEMNITIES
    1. In respect of the Service generally, Members warrant, represent and undertake that:
      (a) they have read and understood the content of the Service Agreement and accept that it comprises a binding, legal agreement between that Member and JKP in respect of the Service;
      (b) the Member is at least 18 years of age and there is nothing to prevent him or her from accepting or performing their obligations in the Service Agreement;
      (c) the Service Agreement constitutes the entire agreement between the parties in relation to its subject matter; and
      (d) the Service must not be used for any purposes other than as set out in the Service Agreement.
    2. Members unconditionally acknowledge and accept that:
      (a) JKP provides the Service on a purely ‘as is’ basis without warranty of any kind and, to the maximum extent permitted by law, JKP expressly disclaims any and all liability and any warranties or guarantees, express or implied, regarding the Service, including, but not limited to, any implied warranties or guarantees of acceptable quality, fitness for a particular purpose or non-infringement of third-party rights not otherwise disclosed in the Service Agreement;
      (b) the performance capabilities and integrity of the Service, including the results of the Created Content, depend on the integrity of Member Content, which is the sole responsibility of Members;
      (c) the JKP Content is provided for informational purposes and it is the Members’ sole responsibility to ensure that such content is suitable and appropriate for its own purposes;
      (d) the Service is not designed or optimised for use for in connection with any commercial, business or other profit-generating purposes, including in the course of providing services to a third party for consideration;
      (e) JKP is not responsible whatsoever for the performance, results or effects (including any losses or damages so incurred) of any third-party equipment and services (see paragraph 1.2(e) above) that are used by Members in conjunction with the Services;
      (f) JKP may at its absolute discretion provide support services intended to assist a Member in using the Service (the “Support Services”) and it is the Members’ sole responsibility to assess and determine if the Support Services are suitable for its purposes;
      (g) JKP is not responsible for any inability or delay in providing the Service during Maintenance or a Force Majeure Event or by legal prevention or compulsion not reasonably foreseeable at the time the Member first began to operating the Service, and JKP shall not be taken to have breached the Service Agreement in the event of such inability or delay;
      (h) the mere access or availability of the Third-Party Content via the Service does not mean JKP has any relationship, affiliation or association with the author, owner or publisher of that content, nor that JKP endorses or approves that content;
      (i) the Service is not, and JKP does not warrant that the Service is or will be, available for use and free of technical or functional errors, including the presence of “viruses”, “Trojans”, “spyware”, “adware”, “bots” and other similarly harmful computer effects.
    3. To the maximum extent permitted by law, JKP excludes any and all liability of any kind and in any circumstances for any loss or damage howsoever incurred by the Member as a result of the Member operating or relying on the Service in a manner contrary to or in breach of the Service Agreement, including any of the matters in paragraphs 5.2 above.
    4. JKP expressly disclaims and excludes any and all liability of any kind and in any circumstances for any loss or damage howsoever incurred by the Member as a result of the use of the Service, the calculation of any figures as part of the Services, the designation of any aspect of any part of Member Content as a work-related expense, the deductibility or otherwise of any amount for the purposes of any tax related calculation, or any calculation that might assist in a payment made or claimed from any third party to a Member, including an employer or the Australian Taxation Office.
    5. Notwithstanding any other provision of the Service Agreement, the maximum liability of JKP for any loss or damage incurred by the Member arising out of, in connection with or relating to the operation of the Service or a breach or termination of the Service Agreement by JKP, regardless of the type of action the Member may bring against JKP for such loss or damage, is absolutely limited to the total Membership Fees paid by the Member.
    6. Notwithstanding any other provision of the Service Agreement, the Member acknowledges and accepts that in no circumstances shall JKP be liable for any indirect or consequential loss or damage suffered by the Member in connection with or relating to the operation or non-operation or failure of the Service nor for any breach or a termination of the Service Agreement by JKP. Each party agrees that loss of profits, loss of business opportunities, loss of reputation, loss of anticipated savings, loss of revenue, loss of goodwill and loss of contracts however occurring, constitute indirect or consequential loss or damage for the purposes of the Service Agreement and any action in relation to the Service.
    7. Nothing in the Service Agreement excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include Australian Consumer Law. If any condition, warranty or statutory guarantee is implied into the Service Agreement or applies by operation of law and cannot be excluded but JKP is able to limit its liability for a breach of such condition, warranty or statutory guarantee, the liability of JKP for breach of that condition, warranty or statutory guarantee is limited, to the extent permitted by law, at JKP’s discretion, to the supply of the services again or the payment of the cost of having the services supplied again.
    8. Members must indemnify and keep JKP indemnified in full from and against any and all loss or damage (including legal costs on an indemnity basis) sustained or incurred by JKP in relation to the Member’s use or operation of the Service or breach of the Service Agreement, including in defending or settling any dispute, legal action or other claim or demand and in paying any fees, charges, taxes, levies or penalties arising from the Member’s operation of the Service or claimed by any third party or government instrumentality of any kind.
  6. INTELLECTUAL PROPERTY
    1. Subject to paragraph 6.2 below, Members acknowledge and agree that, in respect of the Service:
      (a) the Member has a right to use the Service on a limited, non-transferable and non-exclusive basis, strictly in accordance with the Service Agreement;
      (b) JKP may without notice and liability to the Member and in JKP’s complete discretion, revise, alter, redact, modify or remove any JKP Content;
      (c) JKP retains full and complete title and interest to the Service including all Intellectual Property Rights therein; and
      (d) the Member must not copy, license, sell, distribute, communicate to the public, store or reproduce the Service, whether wholly or in part, by any means other than as expressly allowed under the Service Agreement.
    2. Members acknowledge and agree that in relation to all Member Content they upload to the Service (including Created Content where expressly stated below) that:
      (a) they provide a continuous warranty under this subparagraph 6.2(a) to JKP that the Member has full and complete title, interest and right to use and upload the Member Content;
      (b) the Member grants JKP an irrevocable, perpetual and royalty-free licence to use the Member Content, including copying, reproducing, adapting, editing, reformatting, storing, displaying publishing, indexing, communicating, transmitting, distributing or removing the Member Content in connection with the operation of the Service and creating Created Content;
      (c) they will not acquire any right, title or interest in the Created Content;
      (d) to the fullest extent permitted by law, the Member waives any rights, title or interest it may have in the Created Content but for the matters in the Service Agreement;
      (e) JKP reserves the absolute right and discretion, without notice and liability to the Member, to revise, alter, redact, modify or remove any Member Content; and
      (f) they will not undertake any conduct that prevents or interferes with JKP’s use of the Member Content or Created Content, including the commencement or the threatened commencement of any legal proceedings against JKP, or assisting a third party to do such, for a breach of any Intellectual Property Rights subsisting in that content or for a breach of any moral rights (as defined in Part IX of the Copyright Act 1968 (Cth)) therein.
    3. In respect of all Third-Party Content contained on the Service, JKP does not purport to confer on the Member any right, title or interest in any such content that is greater than which is necessary for the provision of the Service, nor does JKP purport to possess any right, title or interest in any such content that is greater than that which JKP otherwise possesses.
    4. Members are not authorised to copy, reproduce, transmit, publish, communicate to the public, store, licence, distribute or make any other use of the Third-Party Content otherwise than as expressly provided in the Service Agreement.
  7. TERMINATION & SUSPENSION
    1. Members on Trial Membership or any other Subscription under which Membership Fees are not payable may cancel their Account and withdraw from the Service at any time. JKP may suspend or terminate, wholly or in part, an Account to which a Trial Membership applies, or any other Account where the relevant Subscription does not require the payment of Membership Fees by the Member to JKP, at any time and for any reason it deems appropriate without any liability of any kind whatsoever arising in respect of the suspension or termination or otherwise to the Member.
    2. Members holding a Subscription in respect of which Membership Fees are payable and on which the Membership Term is twelve (12) months or greater may cancel their Account, withdraw from the Service and terminate their Subscription at any time. In that case, such Members will at that time become liable to pay any outstanding fees to JKP and any fees that may have been due to JKP for the remainder of the Membership Term under the terms of their Subscription had it not been terminated by the Member.
    3. If a Member breaches any term of the Service Agreement, JKP will have the right to suspend or terminate that Member’s Account and that Member’s access to the Service without further notice until the breach is remedied to JKP’s satisfaction.
    4. Alternatively, if a Member breaches any term of the Service Agreement, JKP in its absolute discretion may elect to suspend the Member’s Account partially or by changing the Subscription type (e.g. changing a Member on Full Membership to Trial Membership), such that the Member can only operate limited Members’ Features until the breach is remedied to JKP’s satisfaction.
    5. JKP may exercise its right of suspension or termination for breach in this paragraph 7 if Membership Fees (or any other fees) due and payable to JKP by the Member are more than ten (10) days in arrears.
    6. JKP may, without limitation, suspend the provision of the Service or cease providing the Service for any of the following reasons:
      (a) to investigate a suspected breach of the Service Agreement;
      (b) in response to requirements imposed by law or to comply with orders of any court or to assist any government agency with law enforcement activities;
      (c) in response to any actual or threatened legal action or demand for damages by a third party against JKP in respect of the Service;
      (d) to prevent harm or injury to any person or property which JKP may in its sole and complete discretion suspects may or may be likely to be caused by operation of the Service;
      (e) for any other purpose deemed necessary by JKP in its sole and absolute discretion to maintain the integrity of the Service or the business of JKP; or
      (f) in its sole and complete discretion, as a result of a Force Majeure Event.
    7. If JKP decides to cease operating the Service, it may terminate the Service Agreement and withdraw the Service on not less than seven days’ notice to Members. In such event, JKP will refund any part of the Membership Fees paid by Members which relate to the period after withdrawal of the Service, such refund to be made within 30 days of such withdrawal.
    8. To the fullest extent permitted by law, JKP may exercise any of its rights in this paragraph 7 above without notice or liability to any Members.
    9. A suspension, whether partial or whole, of an Account or the Service under this paragraph 7 will not operate to extend a Membership Term.
    10. For the avoidance doubt, JKP’s rights under this paragraph 7 are in addition to and not restrictive of any other rights that it may have under the general law whether or not those rights effect a termination or suspension, and the exercise of those rights by JKP shall not be a bar to JKP claiming any losses or damages JKP has suffered, howsoever arising, as a result of the Member’s breach of the Service Agreement (whether or not such claim arises pursuant to the Service Agreement or under the general law).
  8. DISPUTE RESOLUTION

    If a dispute, controversy or claim (“Dispute”), arises out of or in connection with the Service or the Service Agreement, Members must in good faith utilise or comply with any mechanism or procedure which JKP has established to deal with a Dispute. Members must allow JKP a reasonable opportunity to address a Dispute prior to commencing any legal proceedings in relation to that Dispute.
  9. CONFIDENTIALITY
    1. Members must immediately notify JKP if they disclose any information relating to JKP, the business of JKP, the Service or the JKP Content to any third party for the purpose of complying with any law (including subordinate legislation) or as required by any law enforcement agency.
    2. To the fullest extent permitted by law, JKP may disclose any information relating to the Service if it deems in its absolute discretion as necessary, including for the purpose of providing, upgrading, testing, amending, marketing or promoting the Service and/or JKP’s business. JKP shall have the right to disclose any information provided to it if required by law or by court of competent jurisdiction or to assist with the process of law enforcement.
  10. GENERAL MATTERS
    1. Definitions

      In these Terms of Service, unless the context otherwise requires or permits:
      (a) Account” means the membership account established by JKP which allows a Member to use the Service;
      (b) Call Data” means any information, material, graphs, tables, charts, statistics, reports, summaries, pricing and costs, billing information, geo-location information, data  and any other content relating to the usage of a telephonic device, including information relating to a mobile phone device itself, contact details stored in a mobile phone device and information about the relevant telecommunications carrier through which telephony services are being supplied;
      (c) Content” means any and all content that is accessible via the Service, including the Created Content, the JKP Content, the Member Content and Call Data (unless otherwise stated), but excluding any Third-Party Content;
      (d) Created Content” means any and all content, including information, material, images, graphics, graphs, tables, charts, statistics, reports, summaries, objects, logos, layouts, data and databases, indexes, geo-location information, colour schemes and any other content, that is created or adapted from any Member Content via the Service;
      (e) Force Majeure Event means strikes, lock-outs, or other labour disputes, riots, civil disturbance, actions or inaction of governmental authorities or suppliers, epidemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, computer downtime, nuclear disasters, default or failure of a utilities supplier, common carrier or communications or data network or other any other circumstances that is outside the immediate control of JKP;
      (f) Full Membership means Subscription Members who have subscribed to pay Membership Fees to JKP in exchange for being granted access to use the Service;
      (g) Intellectual Property Rights means any and all intellectual and industrial property rights subsisting in any part of the universe in any and all media (whether now known or created in the future) including, without limitation, rights in the nature of copyright, registered design or other design right, trade mark, patent rights, circuit layout rights, trade secrets and any corresponding proprietary rights (whether registered or common law) under the laws of any jurisdiction;
      (h) JKP Content means all information, material, images, graphics, graphs, tables, charts, statistics, reports, summaries, objects, logos, layouts, data and databases, indexes, geo-location information, colour schemes and any other content that is accessible via the Service, including any Created Content, but excluding Member Content or Third-Party Content;
      (i) Maintenance” means any scheduled or unscheduled period whereby the Service is not available by reason of maintenance, downtime for security purposes and/or upgrades to the Service;
      (j) Member” means the person who agrees to these Terms of Service when establishing an Account to subscribe to the Service, to the extent that such Account remains valid and subsisting;
      (k) Member Content means all information, material, images, graphics, graphs, tables, charts, statistics, reports, summaries, objects, logos, layouts, data and databases, indexes, geo-location information, colour schemes and any other content that is provided by a Member to JKP, including (without limitation) any Call Data a Member uploads to the Service, but excluding, to the fullest extent permitted by law, any Created Content;
      (l) Members’ Features” means any and all of the features and functionalities of the Service that are available to a Member via the Service from time to time;
      (m) Membership Fees means the fee(s) as determined from time to time by JKP to be payable by a Member to JKP for access to and use of all or parts of the Service pursuant to a Subscription in accordance with paragraph 4 of these Terms;
      (n) Privacy Policy” means JKP’s privacy policy in relation to the Service, as may vary from time to time, which govern JKP’s use of personal information provided by third parties as available on the Website or by directly contacting JKP;
      (o) Service means the Mobilyser service provided by JKP, including the Website, the App and the JKP Content, as described in these Terms and as further set out in paragraph 3 of these Terms;
      (p) Third-Party Content” means content which has been sourced from or provided by third parties to JKP that is not otherwise Member Content which is linked from the Service; and
      (q) Trial Membership” means Members who have not subscribed to pay Membership Fees to JKP in exchange for being granted access to use the Service.
    2. In the Service Agreement, unless the context otherwise requires, references to “upload” or “uploading” or other similar word shall include all activities in the nature of uploading, sending, transmitting, submitting, posting, filing, sharing, delivering, distributing, publishing, reproducing, copying, communicating or otherwise providing any information or data, through any medium, to JKP or the Service.
    3. In these Terms, the words include and including are not words of limitation.
    4. Subject to paragraphs 3.5 and 4.2(e) above, JKP may at any time revise the Service Agreement. JKP will notify Members of any revisions by any means it deems, in its absolute discretion, to be appropriate. Members who continue to use the Service following notification of a revision are deemed to have accepted any such revision. It is a Member’s responsibility to review the Service Agreement periodically to check for any revisions.
    5. Notwithstanding any other matter in the Service Agreement, JKP may issue notices in relation to matters relating to the Service by any means it deems appropriate, including via the Service or via any email address provided by the Member when establishing an Account.
    6. If any term or provision of the Service Agreement is held by a court to be illegal or unenforceable, in whole or in part, such term or provision shall be severed and deemed not to form part of the Service Agreement, but the validity of the remaining terms and provisions shall not be affected.
    7. JKP is not to be deemed to have waived any rights of enforcement, whether for past, future or continuing breaches, under the Service Agreement unless such waiver is expressly documented in writing by JKP (any waiver is only effective in the specific instance and for the purpose for which it is given).
    8. The Service Agreement shall prevail in the event there is any inconsistency between the Service Agreement and any other information appearing on the Service.
    9. The Service Agreement shall be construed in accordance with and governed by the laws of the New South Wales, Australia, the Courts of which shall have jurisdiction in respect of disputes arising out of or related to the use of the Service, the Website or the Service Agreement.

Need help?

Send us a message and we'll get back to you with an answer within 48 hours.

Contact us