BY SELECTING ACCEPT AT THE INSTALLATION STAGE, YOU HAVE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS AND CONDITIONS AS SET OUT BELOW. PLEASE SCROLL DOWN TO THE BOTTOM OF THE PAGE AND READ ALL THE TERMS AND CONDITIONS.
WARNING
Before installing the Direct Assist software ("Software") you must agree to be bound by all of the terms and conditions set out below ("Agreement"). In doing so you will also consent to the collection, use and disclosure of your personal information in accordance with the Privacy Collection Statement forming part of this Agreement.
The Software is only offered to you on the condition that you read and agree to be bound by all of the terms and conditions of the Agreement. Please read the Agreement carefully and, if you agree to be bound by its terms (including the Privacy Collection Statement), click the "ACCEPT" button at the bottom of this document. By clicking the "ACCEPT" button you will be deemed to have accepted, and you will agree to be bound by, the terms and conditions of the Agreement.
If you do not agree to be bound by the terms and conditions of the Agreement, click the "DECLINE" button. If you click the decline button you will not be permitted to install or use the Software.
DIRECT ASSIST SOFTWARE LICENCE TERMS
Grant of Licence
The Software is owned by, or licensed to, GoConnect Australia Pty Ltd ("GAP") and GAP has the right to license and distribute the Software to any other parties on the terms set out in this Agreement.
(a) Trial Mode: GAP grants you ("User") a non-exclusive and non-transferable licence to use the Software on a single handheld device ("Device") for a one-off trial series of 3 individual searches (following which, the Software will cease to function and the User will have the option of either purchasing a licence to use the Software in Registered Mode or removing the Software from the Device) on the terms and conditions set out in this Agreement.
(b) Registered Mode: In return for the payment of the licence fee (as prescribed by GAP from time to time), GAP grants a non-exclusive and non-transferable license to the User to use the Software (and any improvements, enhancements or variations thereof made available to the User by GAP from time to time) on the Device, for a term chosen by the user of either 3 months or 12 months ("Term") from the date on which the User purchases a registered Software Key to activate the Software ("Software Key"). That licence will be on the terms and conditions set out in this Agreement, including the provisions for early termination.
Licence Fee
If the User wishes to install the Software for use in Registered Mode, the User must pay a one off licence fee as prescribed by GAP from time to time.
Upon acceptance of the User's payment of the licence fee, GAP will issue the User with a Software Key. The User may use that Software Key to activate the Software on the Device. The Software Key can be used on only one Device at a time. The User can use the Software Key to activate and re-activate the Software on the Device up to 6 times in total during the Term. If the User attempts to use the Software Key to reactivate the Software more than 6 times during the Term, the licence granted under this Agreement will terminate, and the Software will cease to operate.
Licence Restrictions
The User acknowledges that the intellectual property rights (including copyright) in the Software and any accompanying documentation are owned by or licensed to GAP. The User must not during the Term or at any time after the expiry or termination of this Agreement do or permit any act that infringes any of those rights. Without limiting the generality of the previous sentence, the User must not:
modify, tamper with or attempt to modify or tamper with the Software;
create any derivative works based on the Software or any part of it;
decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the Software;
redistribute, encumber, resell, rent, lease, sublicense or otherwise transfer rights to the Software or any portion of the Software;
remove or alter any copyrights, designs, patents, trademarks or any other proprietary notices, legends, symbols or labels on or in the Software;
disable or attempt to disable the operation or effect of the Software Key;
use the Software to develop, either directly or indirectly, an application competitive to any product, software or service developed, sold, offered or licensed by GAP;
use the Software in any manner that infringes the rights (including the intellectual property rights) of any person;
use the Software in any manner that violates any applicable laws in the jurisdiction in which the User uses the Software including any laws concerning the intellectual property or privacy rights of any person;
export or re-export the Software if such an action violates applicable laws or restrictions in the jurisdiction in which the User intends to perform such an action;
copy, reproduce, translate, adapt, vary or modify the Software for any purpose; or
do anything, or attempt to do anything, which has the effect of blocking, modifying or otherwise interfering with the transmission of any content or material to or from the Device as part of the subscription,
nor may the User assist or procure any other person to do any of the acts contemplated in this clause 5.
Third Party Operators of Directory Services
The Software is designed to access publicly available data from web-based directory services that are operated by third parties. Neither GAP, nor the Software, nor the operation of the Software, have the sponsorship or approval of, or any affiliation with the operators of those web based directory services, and GAP does not purport to represent them in any way. The User must only use the Software in accordance with the terms and conditions applicable to the use of those third-party web based directory assistance application. Without limiting that obligation, the User must only use the Software to retrieve information for personal use for directory assistance purposes, or for another fair dealing as permitted under the Copyright Act 1968 (Aust), and must not use the Software to conduct automated searches, or to data mine any information available from those third-party web based directory services. The User also acknowledges that any interruption to the operation of, or change to the third-party web based directory services may affect the operation of the Software.
Indemnity
The User will indemnify GAP and keep it indemnified against all liabilities, costs and expenses which GAP may incur to a third party as a result of the User's breach of the provisions of this Agreement.
Third Party Software
The User acknowledges that the Software may contain other third party software ("Third Party Software"), which is distributed with the Software. The terms and conditions of this Agreement, and any additional terms and conditions distributed with the Third Party Software, apply to the Third Party Software.
Limited Warranty and Remedy
GAP warrants that the Software will operate in material conformity with its specifications (as current from time to time) for a period of ninety (90) days from the date that the User purchases the Software Key, or until this Agreement is terminated (whichever is earlier). During that period, GAP will replace via download from its website at no additional cost (other than any applicable communications expenses, which will be borne by the User) any software that does not comply with that warranty.
GAP will only be liable pursuant to the warranties given under this Agreement if the Software has been used and operated in accordance with GAP's instructions (including any documentation).
Except for the express undertakings to indemnify and any warranties expressly set out in this Agreement, to the extent permitted by the law, GAP excludes all other conditions and warranties whether implied, statutory, collateral or otherwise.
GAP does not warrant that the operation of the Software will be continuous or error free.
GAP's liability under this Agreement (including clause 9) shall not extend to any indirect, incidental or consequential damages in connection with or arising out of the Software or its use or application, or arising out of or in connection with this Agreement and whether or not arising out of the negligence of GAP.
Certain statutes, rules and regulations may imply non-excludable warranties or conditions into this Agreement. To the extent that they are not permitted to be excluded, GAP's liability for breach of such conditions or warranties and the User's sole and exclusive remedy in relation to such breaches shall be limited (at GAP's sole option) to: (a) replacing the Software or correcting any error or defect; (b) supplying similar software; or (c) paying the cost of replacing the software or correcting any error or defect, or of acquiring equivalent software.
In no event will GAP's total aggregate liability in respect of all claims arising under or pursuant to this Agreement exceed the amount paid to GAP under this Agreement, regardless of whether those claims arise out of a single event or a number of different events.
The User acknowledges that it has exercised its own independent judgment in deciding to acquire a licence to use the Software, and has not relied on any representation made by GAP or any other person that has not been stated expressly in this Agreement.
Support Services
GAP has no obligation under this Agreement to provide the User with any maintenance or technical support in relation to the Software or the User's use of the Software. However from time to time, GAP may at its option make available to the User improvements, enhancements, new versions, new releases or variations ("Releases") to address technical or other issues. Releases may contain enhanced or reduced functionality. The User must accept and install those Releases as and when they are made available, and must not retain any superseded versions of the Software on the Device. The User also acknowledges that GAP may cause Releases to be installed on the Device by remote means from time to time.
Proprietary Rights
The User acknowledges that title and full ownership rights to the Software will remain the exclusive property of GAP (or its licensors) and that the User will not acquire any rights to the Software except as licensee as expressly set out in this Agreement. The User acknowledges that no title to the intellectual property in the Software is transferred from GAP to the User.
Variation
GAP may vary any of the terms and/or conditions of this Agreement from time to time by publishing such variations on GAP's website (located at www.directassist.com.au). The obligation is on the User to check GAP's website to monitor whether any such variations have been made. The User's continued use of the Software will constitute the User's acceptance of such variations.
Termination
Either party may terminate the licence granted pursuant to this Agreement at any time in its absolute discretion. Upon termination, the User shall be prohibited from continuing to use any part of the Software (including the Third Party Software), and must promptly remove the Software from the Device. The User will not be entitled to a refund of any fees paid under this Agreement (including any licence fee) on termination for any reason. Termination of this Agreement for any reason will not affect any rights or remedies which GAP may otherwise have under this Agreement.
Assignment
The benefit of this Agreement must not be dealt with in any way by the User (whether by assignment, licensing or otherwise) without GAP's written consent.
Severability
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will be ineffective and will be severed only in that jurisdiction and only to the extent of the prohibition or unenforceability. However that severance will neither invalidate the remaining provisions of this Agreement in that or any other jurisdiction, nor affect the validity or enforceability of that provision in any other jurisdiction.
Governing Law
This Agreement is governed by the laws of the State of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia in determining any dispute concerning or arising under this Agreement.
No Waiver
GAP's failure to enforce or delay in enforcing any provision of this Agreement will not be deemed to be a waiver of that or any other provision. GAP's rights under this Agreement are in addition to any other rights and remedies provided by law.
Billing Assistance
Billing enquiries can be directed to a free call (Australia only) number 1300 855 505. The Direct Assist Online Help is at
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PRIVACY COLLECTION STATEMENT
This Statement seeks to address any potential concerns you may have about the purposes for which personal information you provide to GoConnect is collected and to whom this information will be disclosed.
Collection of Personal Information
GAP will collect and store information that the User provides to it. The main purposes of collecting this information from the User is to enable GAP to process your purchase of a Software Key.
To purchase a Software Key for the Software, you will be asked to provide personal information such as your name, address and contact details. You will then be asked to complete a payment instruction for the applicable licence fee and provide your credit card details, which are then sent to the card provider for authorisation.
If you provide inaccurate or incomplete information we may not be able to provide you with the Software Key or any updates or new releases to the Software that we decide to make available.
Use and Disclosure of Personal Information
GAP will not sell, rent or trade personal information about the User. As mentioned above, GAP uses and discloses personal information in connection with allowing the User to use the Software. Examples of such uses by GAP are:
providing the Software (and any updates or new releases) and if the User decides to purchase a licence, the Software Key to the User;
informing the User of support, and providing enhancements and updates; and
research and product development.
GAP may also provide third parties with access to that personal information to fulfil the above objectives.
If GAP should wish to disclose any personal information of a User other than as set out above, it will not do so without the User's consent except where that purpose is related to the provision of GAP's services and one would reasonably expect GAP to disclose that personal information for that other purpose, where that secondary purpose is permitted or required by law, or where GAP uses that personal information for direct marketing and it is impracticable for GAP to obtain prior consent.
GAP will use reasonable endeavours to ensure that the User's personal information is accurate, complete and up-to-date. To assist with this, the User should please contact GAP if the User's details change. If the User believes the information GAP have about the User is not accurate, the User should contact GAP and GAP will take all reasonable steps to correct or update that personal information.
GAP will take reasonable steps to ensure that all information it collects about the User is stored in a secure environment and protected from misuse and loss.
The User may at any time request access to the personal information that is collected or otherwise held or acquired by GAP in relation to the User, or request a more detailed outline of the policies of GAP with respect to the management of personal information in general by contacting GAP's Privacy Officer at one of the reference points set out below.
Contacts
Any queries in relation to this Agreement should be directed to:
The Manager, Direct Assist
GoConnect Australia Pty Ltd
Address: Level 6, 43-51 Queen Street, Melbourne, Australia 3000
Phone: +61 (0)3 9993 7000
Fax: +61 (0)3 9993 7099
Email:
Website: www.directassist.com.au
Consent to collection, use and disclosure
By accepting these Terms & Conditions, the User agrees to be bound by this Agreement, and consents to the collection, use and disclosure of any personal information provided to GAP in accordance with and for the purposes outlined in this Privacy Collection Statement. In clicking on the “ACCEPT” button within the Direct Assist® software installer, the User acknowledges having read and fully understanding the matters outlined in this Agreement.
