By clicking on one of the "Buy Now" options on the "Purchase Options" page you agree to the Terms and Conditions of the below licences:
Vodafone Licence
PLEASE REVIEW THE FOLLOWING LICENCE TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION WHETHER TO YOUR MOBILE PHONE OR PC VIA VODAFONE LIVE! AND CLICKING ON THE "BUY NOW" LINK. BY DOWNLOADING THE SOFTWARE TO YOUR MOBILE PHONE OR PC AND CLICKING ON THE "BUY NOW" LINK YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THESE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS THEN PLEASE DO NOT PURCHASE VODAFONE COMPASS.
1. Definitions
In this licence the following words shall have the following meanings: "You" means the person using the Software; "Services" means data transmission and other services offered by Vodafone under a GPRS airtime contract or otherwise; "Software" means the Vodafone Compass software which is downloaded by You to Your mobile phone or via Your PC: "We" "Us" or “Our” means Vodafone Australia Limited.
2. Licence to Use
We grant You a non-exclusive, revocable licence to use the Software in connection with the Services. We do not accept any responsibility or liability nor grant any licence to use the Software with a non-Vodafone network or SIM card. You must access the Software via WAP or Vodafone live!. If Your handset is configured for Assisted GPS additional charges apply. Subject to the following paragraphs, You may use the Software for your own personal purposes and for no other use. You may not copy, modify, reverse engineer or decompile the Software or any part of it (save to the extent expressly permitted by law). You may not transfer, assign, sublicense, or otherwise distribute or enable a third party to use the Software or any part of it.
You may only use the Software with one mobile telephone SIM.
The Software together with the Vodafone SIM card may be used by You to link into websites, resources and /or networks worldwide. We do not accept any responsibility for the content, services or any loss or damage You may suffer by using such websites and networks. You agree that You will not use the Software or any part of it in breach of any relevant laws or regulations. Further You agree to keep secret and in a safe place any passwords or other access devices You may be provided with in order to prevent any unauthorised use of the Software.
You must not sell, sublicense or disclose the data or maps in the Software to any third parties other than normally allowed in the Software. Furthermore, You may not: (i) reverse engineer, decompile or disassemble the Software; (ii) make Derivative Works of the Software Products; (iii) make copies of the Software; (iv) sublicence, rent, lease, lend or host the Software to or for other parties; (v) separate the components of the Software or install and use such components separately and independently of the Software they comprise; (vi); attempt to unlock or bypass any initialisation system, encryption methods or copy protection device we incorporate in the Software; (vii) alter, remove or obscure any patent, copyright or trademark notice contained in the Software; (viii) use the Software in a “concurrent use” or “floating licence” manner; or (ix) use the Software in revenue-generating Internet-based or mobile-phone-based services or applications for third parties or as an Application Service Provider. You shall not use the Software to create (a) maps, telephone books or other products similar to telephone books (e.g., directories), including such products in digital form, (b) general purpose printed or topographical digital maps, which are similar to the basic national products of such and such authority; or (c) commercial printed maps or map products.
3. Intellectual Property Rights
We and/or our licensors as the case may be, own all the copyright, design rights, "Look and Feel", and other intellectual property rights in and to the Software and the trade marks with reference to which the Software is promoted (Vodafone, Vodafone Compass or the Vodafone logo). The fact that We have supplied You with the Software does not mean that We have transferred any of Our or Our licensor’s rights in the Software or any of Our Intellectual Property including the trade marks to You, We have simply permitted You to use it strictly on the terms and conditions of this licence.
4. Termination
This licence is effective until terminated. We may terminate the licence at any time on notice to You. You may terminate it at any time by cancellation of the Service through My Vodafone . This licence shall automatically terminate if You fail to comply with the terms and conditions contained in it or with the terms and conditions of any other contract pursuant to which We or our third party distributors have made the Software available to You or your contract for the Services is terminated for any reason.
Upon termination of this Agreement, You will cease to use the Software and delete the Software from your device.
5. Customer Services
If You need any help with the Software please call Our customer service centre on 1300 30 10 30 or write to us at Vodafone.
6. Unique Identifier
When You install this Software an anonymous unique identifier (UID) is created at random. The UID does not allow Vodafone to identify any individual users by name. It cannot be used to monitor which web sites have been visited or e-mail addresses contacted by users. Using this UID, the following types of non-personal information will be forwarded to Vodafone when you connect to the Vodafone network:
a) Version and configuration of the Software
b) Connectivity methods, such as infra-red and Bluetooth, and; devices used
c) Web Browser and email software version details
d) Laptop manufacturer product ID
e) Session information
This information will be stored on a secure server for the following purposes:
(i) From time to time Vodafone may need to update service related settings - this may be done without notification.
(ii) You will be notified about various software updates and patches, every time You connect, weekly or monthly, depending on Your preference. You will be given the choice whether or not to accept these. You may decide to download larger files/patches when you are connected via a faster internet connection such as your corporate LAN.
(iii) Compiling anonymous aggregate information about usage to improve the Connect Service. In no event will Vodafone use any aggregate data complied in this way to send any marketing information to you or disclose such information to any third party.
7. Exclusion of warranties
To the fullest extent permitted by applicable law, the Software is furnished to You "as is" without any warranty, conditions, representations or other terms regarding the Software from Us or Our licensors. Neither We nor Our licensors warrant that the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error free. To the extent permitted by law We and Our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied or whether arising by statute, common law or otherwise. This clause does not affect Your statutory rights.
8. Limitation of Liability
We will be liable to You if Our negligence causes death or personal injury. In all other circumstances and to the fullest extent permitted by applicable law We or Our licensors will not be liable to You for any compensation, reimbursement or damages on account of the loss of present or prospective profits, loss of revenue, turnover of sales; loss of good will; loss or damage to reputation; loss of contracts or customers; loss of anticipated savings; loss of or damages to data or programs or any other reasons whatsoever or indirect, special, incidental or consequential damages whether arising in tort (including negligence) or contract and even if We or Our licensors have been informed of the possibility of such losses or damages.
We do not exclude any Non-excludable Rights but We do exclude and You cannot rely on all other conditions, representations and warranties implied by custom, law or statute other than those expressly contained in this Licence. Our liability in respect of any Non-excludable Right is limited, at our option, to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; the payment of the cost of having the goods repaired.
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
In this Licence, “Non-excludable Rights” means rights and remedies conferred by the Trade Practices Act and similar legislation which cannot be excluded, restricted or modified.
9. Law and Jurisdiction
This Licence shall be governed by the laws of New South Wales, Australia and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
