USER LICENCE FOR RESTORE APP
In this licence agreement (Agreement), the app to which this Agreement applies (including the User Documentation as defined in clause 3.2 below) is referred to as ReStore App.
ReStore is owned and operated by ReStore App, LLC of 5 Revere Drive, Suite 206, Northbrook, Illinois, USA (ReStore , we, us or our). ReStore App is to be used by employees (you or your) of an organisation that has been granted a licence to use ReStore App by ReStore (Licensee).
This Agreement is a legally binding agreement between you and ReStore and governs the relationship between you and ReStore in relation to your use of ReStore App.
By logging in or otherwise using ReStore App, you accept and agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not download, install or otherwise use ReStore App, or otherwise immediately uninstall and discontinue using ReStore App.
1. Use of ReStore App
1.1. To use ReStore App, you must be a current employee of the Licensee.
1.2. This Agreement, and your rights to use ReStore App end on the earlier of:
- a. your employment with the Licensee ending; and
- b. the licence agreement between ReStore and the Licensee (Licence Agreement) expiring or terminating.
1.3. ReStore may, in its absolute discretion, and without liability to you, terminate your access to ReStore App if the Licensee breaches the Licence Agreement, including by failing to pay any fees to ReStore in accordance with the Licence Agreement or if the Licensee, you or any other user of ReStore App acts in a way that, in the opinion of ReStore, is likely to be detrimental to the interests of ReStore.
2. Grant of Licence
2.1. ReStore grants you a non-exclusive, revocable, non-transferable licence to install and use ReStore App for the purpose of managing and operating the Stores (as that term is defined in the Licence Agreement) in your capacity as an employee of the Licensee (Purpose).
2.2. You agree to use ReStore App solely for the Purpose and only in connection with the Stores, as directed by ReStore and to comply with any other reasonable requirements, restrictions or instructions given by ReStore, including via ReStore App or the Licensee.
3.1. ReStore App is licenced and not sold to you. This Agreement only grants you the right to use ReStore App on the terms of this Agreement, and you do not acquire any rights, express or implied, in ReStore App other than those specified in this Agreement. ReStore retains all right, title, and interest in and to ReStore App, including all patents, copyrights, trade secrets, and other intellectual property rights (IP Rights) incorporated therein.
3.2. Other than as expressly set out in this Agreement, you must not copy any part of ReStore App or any information, materials, emails, videos and tutorials that ReStore may supply to the Licensee or you to assist in the maintenance, operation and support of ReStore App (User Documentation).
4. Licence Restrictions
4.1 You must:
- a. only use ReStore App for the Purpose and the benefit of the Licensee, and not for the benefit (financial or otherwise) of yourself personally or any third party;
- b. choose a strong and secure password to access ReStore App, maintain secrecy and confidentiality of your username and password for ReStore App and immediately notify the Licensee or Restore if your password has been lost, stolen or compromised in any way; and
- c. not share your log in details (including username) or password with any other person.
4.2. Except as provided otherwise in this Agreement, you must not, and must not permit any third party to:
- a. use ReStore App or your username or password for ReStore App;
- b. infringe the IP Rights of ReStore or any other person
- c. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for ReStore App or any related technology or software or use data mining, robots, software, scripts or other methods of automated data gathering on ReStore App;
- d. collect, use, copy, modify, transfer, republish, licence, sell or re-sell access to ReStore App or the information, content, text, graphics, user interfaces, logos, icons, services, sounds and computer code made available through or in connection with ReStore App (Content);
- e. interfere with the reasonable operation of ReStore App, or impede the use of ReStore App by others;
- f. remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions of ReStore from ReStore App;
- g. use ReStore App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose;
- h. use ReStore App in any manner that could harm ReStore, its officers, employees, agents, contractors, service providers, or any other person;
- i. perform an action with the intent of introducing to ReStore App any viruses, worms, defects, trojan horses, malware or any items of a destructive nature or disabling Restore App or other end user devices; or
- j. circumvent or attempt to tamper with the security of or disable any of ReStore App or other end user devices.
5. Access and Availability
5.1. While Restore will try to ensure that ReStore App to accessible to you, ReStore does not warrant:
- a. that the services available through ReStore App will be uninterrupted or error free;
- b. that you will have continuous access to ReStore App; or
- c. that data, information or files (including the Content) transmitted to the you from or in connection with ReStore App will be free of faults, errors, viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. The User is responsible for implementing sufficient procedures and security to satisfy the User's particular requirements for accuracy of any information and data it inputs into ReStore App and for maintaining a means external to ReStore for the reconstruction of such information and data.
5.2. ReStore will not be liable in the event that ReStore App is unavailable for you to use due to:
- a. any events caused by ReStore, whether negligent or not; or
- b. any events beyond the control of ReStore, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
6. Disclaimer and Liability
6.1. We provide ReStore App to you on an "as is" basis. You agree that ReStore has not made any representation or warranty of any kind relating to ReStore App other than the terms of this Agreement or in the User Documentation.
6.2. You acknowledge and agree that ReStore:
- a. makes no representation or warranty that the ReStore App will fulfil or is appropriate for your requirements or circumstances;
- b. does not warrant that the ReStore App will function in accordance with any claim made by ReStore, including in any User Documentation; and
- c. has no liability to any person arising howsoever in connection with the ReStore App.
6.3. You must not rely solely on ReStore App in managing and operating the Stores and you must make its own enquiries as to the suitability of ReStore App for your requirements or circumstances.
6.4. While Restore will try to ensure that ReStore App to accessible to you, ReStore does not warrant:
- a. you will have continuous access to ReStore App; and
- b. that data, information or files (including the Content) transmitted to you from or in connection with ReStore App will be free of faults, errors, viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
6.5. We endeavour to ensure that ReStore App is provided and maintained with due care and skill and that ReStore App is reasonably fit for purpose, however we do not make any warranty in this regard.
7. Your warranty and indemnity
You agree to release, indemnify and keep indemnified ReStore and its officers, employees, related bodies corporate (as defined in section 50 of the Corporations Act 2001 (Cth)) and related entities (as defined in section 9 of the Corporations Act 2001 (Cth)) and agents from and against any and all claims, losses, damages and expense (including legal fees and litigation costs) arising from or related to your use or misuse of ReStore App, or your breach of any of the provisions of this Agreement or applicable laws, rules and regulations, except to the extent such claims, losses, damages and expenses are result directly from any negligence of ReStore or a breach by ReStore of this Agreement.
8. Copyright and Trade Marks
8.1. You may not in any form or by any means:
- a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on ReStore App; or
- b. commercialise any information, products or services obtained from any part of any Content on ReStore App, without our prior written agreement or, in the case of third-party material, from the owner of the copyright in that content.
8.2. You acknowledge and agree that:
- a. the IP Rights in the "ReStore" name, brand and trade mark (and any associated branding and trade marks) (ReStore Brand) is owned solely by ReStore;
- b. you:
- i. have no legal or beneficial right, title or interest in or to the ReStore Brand or any IP Rights in the ReStore Brand;
- ii. are not entitled to use, or to sub-licence the use of, the ReStore Brand; and
- iii. must not do anything that will or might reflect adversely on or damage the reputation of the ReStore Brand; and
- c. any rights, IP Rights and goodwill arising in connection with the use of the ReStore Brandvests in ReStore.
9.1. ReStore has taken reasonable steps to protect any information that you transmit to us through ReStore App, however we cannot guarantee that all information that is transmitted to us is totally secure. Accordingly, any information that is transmitted to us is transmitted at your own risk.
9.2. ReStore makes no warranty that the functionality of ReStore App will be uninterrupted or error free, that defects will be corrected or that ReStore App or the server that makes it available, are free from viruses or anything else which may be harmful or destructive.
9.3. You must take your own precautions to ensure that the process which you employ for accessing ReStore App does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. We do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of ReStore App or any linked website.
10. Governing Law
10.1. This Agreement is governed by the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of or in Victoria and the courts of appeal therefrom in relation to any legal proceeding in respect of these Terms or the use of ReStore App.
10.2. ReStore makes no representation that the Content of ReStore App complies with the laws of any country outside Australia. It is therefore your responsibility to ensure that ReStore App and your use of ReStore App complies with the relevant laws at the place in which you reside. You must ensure that your access to ReStore App is not illegal or prohibited by laws which apply to you.
11.1. You agree that ReStore may use any of your personal information (as that term is defined in the Privacy Act 1988 (Cth)) for purposes connected with the Licence Agreement and to provide ReStore App to you.
11.2. This Agreement sets out the entire agreement and understanding between you and ReStore with respect to the subject matter of this Agreement and supersedes all prior agreements, understandings and representations.
11.3. Any failure by a party to exercise any right under this Agreement or any delay by a party in exercising a right under this Agreement does not operate as a waiver. The single or partial exercise of any right under this Agreement by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term of this Agreement.
11.4. If any provision of this Agreement is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from this Agreement.
11.5. Termination of this Agreement or your access to ReStore App will not end those provisions of this Agreement that are capable of surviving the termination of this Agreement.
11.6. You agree that we can amend this Agreement at our sole discretion, however we will provide notice to you of such amendments and such amendments will not be retrospective. If you do not agree to those amendments, you must stop using ReStore App.
11.7. You may not assign your rights under this Agreement to any other person. However, you agree that we may assign our rights and novate our obligations under this Agreement to any person upon notice to you.