1) What is Fillr?
Fillr is a mobile device application developed by Pop Tech Pty Ltd (ABN 82 164 555 748) (Company) that allows a user to populate data fields in electronic forms and databases with data provided by the user and stored on the user’s mobile device within the Fillr mobile device application.
These terms and conditions form a legal contract between you and the Company in relation to your use of Fillr. It is important that you read and understand them before using Fillr. DOWNLOADING OR USING THE FILLR APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
2) Minimum requirements
In order to use Fillr, you will need a smartphone device using an internet browser with third party extension capabilities and access to 3G or greater cellular or wireless data internet connection or an equivalent device (Mobile Device). Apple products must be running the latest version of iOS 8 or greater. Android products must be running Android 4.0 or greater. The Company reserves the right to change these minimum requirements from time to time.
The Company is not responsible or liable for any loss, damage or other liability arising in connection with your failure to meet these minimum requirements.
The Company grants you a non-transferable, non-exclusive limited licence to use Fillr on your Mobile Device in accordance with these terms and conditions.
(a) The Company will not charge you for using Fillr. However, you may incur charges from your mobile service provider for downloading and using Fillr. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider.
(b) It is also possible that when you use Fillr to populate third party electronic forms, you may be charged fees by those third parties in relation to those forms or any goods or services to which they relate. Again, such charges are your sole responsibility and are matters between you and the relevant third parties. You agree that the Company is not liable for any losses you may incur from third parties as a result of your incorrect or inappropriate use of Fillr.
5) Personal Data safety and your obligations
(a) Your Personal Data is stored within your Fillr application on your Mobile Device. YOUR PERSONAL DATA IS NOT STORED, OR BACKED UP FOR YOU, BY THE COMPANY. If your Mobile Device is lost or stolen, you can remotely erase the contents of your Mobile Device, including all Personal Data stored within your Fillr application, via the remote data wipe feature of your Mobile Device.
(b) If your Mobile Device is lost or stolen, hacked into or you allow others to use it without your supervision, others may be able to retrieve and use your Personal Data stored within the Fillr application.
(c) Whilst Fillr uses military grade security measures, the Company does not, and cannot, warrant that such security measures will be sufficient to prevent unauthorised use of your Personal Information, including preventing hackers from targeting your Mobile Device and accessing your Personal Data stored within your Fillr application. Your use of Fillr is at your own risk and you agree that the Company will not be liable for any loss arising from any security breach relating to your Mobile Device, or to any theft or misuse by others of your Personal Data stored within the Fillr application, or use of your Personal Data transferred via Fillr to an electronic form, database, website, computer system or platform.
(d) To minimise the risk of unauthorised use of your Personal Data stored in your Fillr application, the Company recommends that you:
i. not leave your Mobile Device unattended;
ii. enable the PIN Request feature within your Fillr settings and keep your PIN confidential;
iii. remotely erase the contents of your Mobile Device immediately where there is a risk that your Personal Data may be used or accessed without your authority;
iv. lock your Mobile Device or take other steps necessary to prevent unauthorised use of your Fillr application installed on your Mobile Device;
v. only install approved applications on your Mobile Device;
vi. not override the software lockdown on your Mobile Device (eg, jailbreak your Mobile Device);
vii. verify the authenticity and trustworthiness of any person or business to whom you provide your Personal Data via the Fillr application; and
viii. confirming that the appropriate Personal Data is selected to be input into the relevant data field of the electronic form before submitting the electronic form or confirming the transfer of the Personal Data to the third party. You agree that you will not rely solely on Fillr to identify and populate the data fields with the correct Personal Data and will check, verify and confirm that the correct Personal Data has been input into the relevant data field in the electronic form or database before agreeing to transfer that Personal Data.
6) Your other obligations in relation to using Fillr
You agree that you will not:
(a) use Fillr for any purpose other than to populate data fields in electronic forms with your Personal Data, or for such other purpose as may be specified by the Company from time to time;
(b) without limiting the generality of clause 7(a), use Fillr to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity;
(c) act fraudulently or maliciously in relation to Fillr or any related software;
(d) copy, modify, adversely affect, reverse engineer, hack into or insert malicious code into the Fillr application or any related software;
(e) use Fillr to engage in fraud or misleading or deceptive conduct. For example, you will not use Fillr to provide anyone with false or misleading Personal Data about you or any other person;
(f) apply or register, or attempt to register, any Intellectual Property Rights in or associated with Fillr in any form or format, or jurisdiction, whatsoever.
7) Exclusion of all legally excludable liability
(a) The Company excludes all warranties and guarantees in connection with Fillr (or any related advice), except to the extent than such warranties or guarantees may not be excluded under the Competition and Consumer Act 2010 (Cth) or other relevant legislation. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute, and for damages suffered by you in connection with Fillr or your use of it. Without limiting this exclusion, the Company will not be responsible for any inability of your Mobile Device to access or use Fillr, or for any loss or damage to your Mobile Device resulting from your access or use, or attempted access or use, of Fillr (including downloading any associated applications for Fillr), and you should satisfy yourself as to these matters before attempting to access or use Fillr.
(b) Fillr is a tool to facilitate, expedite and improve the accuracy of the population of electronic forms and databases with your Personal Data via your Mobile Device. Fillr is designed to integrate with any electronic form or database, including those which are freely accessible on the internet and, as such, the Company does not, and cannot, verify:
i. verify the authenticity or trustworthiness of the electronic forms or databases with which Fillr can be used;
ii. verify the authenticity or trustworthiness of the businesses or organisations to which your Personal Data will be transferred via the electronic forms or databases with which Fillr can be used; or
iii. that such businesses and organisations will not misuse your Personal Data.
8) Limitation of liability
The Company's liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at the Company's option to:
(a) in the case of goods supplied by the Company:
i. the replacement of goods or the supply of equivalent goods;
ii. the repair of goods; or
iii. the refund of the price paid by you for goods; or
(b) in the case of services supplied by the Company:
i. the supply by the Company of the services again; or
ii. the refund of the price paid by you for the services.
9) No liability for indirect or consequential loss to the extent permitted by law
The Company is not liable for any indirect or consequential loss, however described, suffered or incurred by you or any other person in connection with Fillr or its use, except for any such liability which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
(b) The Company does not store, or have access to, your Personal Data. Your Personal Data is stored on your Mobile Device within your Fillr application. The Company cannot withdraw or retract any Personal Data submitted to third parties via Fillr and cannot control the use of that Personal Data by those third parties. Accordingly, the Company is not liable for any improper use of your Personal Data by such third parties.
(c) It is your responsibility to ensure that all third parties to whom your Personal Data is transferred:
i. only use your Personal Data for the purpose for which you transferred that Personal Data; and
ii. have the appropriate policies and procedures in place to safeguard and protect your Personal Data.
(d) You agree that the Company may collect and use technical data and related information, including but not limited to, technical information about your Mobile Device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Fillr. The Company may use this information, as long as it is in a form that does not personally identify you, to improve it's products and services and to provide services or technologies to you.
11) Unauthorised use of intellectual property
(a) No right, title or interest in the intellectual property rights in, or associated with, Fillr or any other product or service provided by the Company, is transferred to you in connection with your use of Fillr.
(b) You acknowledge that any unauthorised reproduction by you of any proprietary information or other intellectual property in, or provided or available via, Fillr or any portion of it may result in legal action being taken against you.
12) Suspension or termination of use and service quality
The Company may suspend or terminate your use of Fillr at any time. The provision, and subsequent use, of Fillr is subject to the reliability and availability of third party service providers including software providers and network service providers. The Company will not be liable for any direct or indirect loss suffered by you, as a result of a reduced level of service or the suspension or termination of your Fillr application.
You agree to indemnify and hold harmless the Company against any loss, expense, damage or liability incurred as a result of, or in connection with, your use of Fillr.
14) Changes to Fillr and these terms and conditions
The Company may amend, replace or add to these terms and conditions at any time. The Company will notify you of this by:
(a) posting information on the Fillr website at http://www.fillr.com/terms-app; or
(b) written or electronic notice to you (including via your Mobile Device).
15) Provisions relating to Apple and the App Store
(a) This clause 15 applies only if you downloaded Fillr through Apple's App Store.
(b) You and the Company acknowledge that these terms and conditions are concluded between you and the Company only, and not with Apple Inc. or any of its related bodies corporate (Apple). The Company, and not Apple, is solely responsible for Fillr and its content, as provided for in these terms and conditions.
(c) To the extent that there is any conflict between these terms and conditions and the Usage Rules set forth for Licensed Applications in, or these terms and conditions otherwise conflict with, Apple's App Store Terms of Service (which you acknowledge you have had an opportunity to review), those Usage Rules and the App Store Terms of Service prevail.
(d) The licence granted to you under clause 3 is limited to a non-transferable licence to use Fillr on any iPhone or iPod touch that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(e) The Company and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Fillr, and that the Company is solely responsible for doing so in accordance with these terms and conditions and any applicable law.
(f) The Company is solely responsible for meeting all warranties and guarantees in connection with Fillr (or any related advice) which may not be excluded under the Competition and Consumer Act 2010 (Cth) or other relevant legislation. If Fillr does not meet any such warranty or guarantee, you may notify Apple, and Apple will refund to you the price (if any) that you paid to download Fillr from the App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Fillr, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility, subject to the limitations and exclusions set out in these terms.
(g) You and the Company acknowledge that the Company, and not Apple, is responsible for addressing any claims you or any third party may have relating to Fillr or your possession and/or use of Fillr which the Company may be liable for under these terms and conditions or at law, including, but not limited to, any claims not excluded under these terms.
(h) You and the Company acknowledge that, in the event of any third party claim that Fillr or your possession and use of Fillr infringes that third party's intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
(i) You represent and warrant that:
i. you are not located in a country that is subject to an embargo imposed by the government of the United States of America (U.S.), or that has been designated by the U.S. government as a terrorist supporting country; and
ii. you are not listed on any U.S. government list of prohibited or restricted parties.
(j) These terms and conditions are for the benefit of Apple and its subsidiaries as well as the Company. Apple (and its subsidiaries) will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof, even though Apple is not a party to them.
(a) These terms and conditions are governed by the laws of Victoria, Australia. The Company and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
(b) No delay or failure to act on the Company's part will be construed as a waiver of, or in any way prejudice, any of the Company's rights under or in connection with these terms and conditions. No waiver by the Company will be effective unless it is in writing. A waiver by the Company of a breach by you will not waive any other breach.
(c) By installing the Fillr application on your Mobile Device, you agree to receive these terms and conditions and any amendments to them electronically via your Mobile Device and understand the Company will not send you a paper copy.
17) Contacting the Company
You may contact the Company as follows:
Address: Studio 6 / 249-251 Chapel Street, Prahran, Victoria, 3181