We, Nuline Refrigeration of 1/450 Princes Highway, Noble Park North, Vic 3174, license you to use:

• the Nuline Connect mobile application software, the data supplied with the software, and any updates or supplements to it (App) for the purpose of remote monitoring and control of your Nuline refrigerator(s); and
• any online or electronic documentation in relation to the App or the Service provided or made available to you (Documentation),

as permitted in these Terms.

We are giving you personally the right to use the App as set out above. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you should remove the App from it.

We may need to change these Terms to reflect changes in law or best practice or to deal with additional App features which we introduce.

We will give you notice of any change to these Terms by sending you an SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes, you will not be permitted to continue to use the and must discontinue such use and delete the App from your mobile device(s).

The App is made available free of charge.

We may suspend, withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension,  withdrawal or restriction.

Although we are not obliged to monitor your access to or use of the App, we have the right to do so for the purposes of enabling the Nuline Connect Device to remotely monitor and control Nuline refrigerators via the App, ensuring compliance with these Terms and complying with applicable law and regulatory requirements.

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the App.

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available the App in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security and except to the extent permitted under applicable law;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on mobile devices as permitted in these Terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent permitted under applicable law; and
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

You must not:

• use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
• act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
• infringe our intellectual property rights or those of any third party in relation to your use of the App;
• use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
• collect or harvest from the App or our systems any information or data which does not relate to the relevant refrigerator(s) with which you are using the App, or attempt to decipher any transmissions to or from the servers running the App.

All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App and the Documentation are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these Terms.

No liability for your use of the App and Service. In no event will we, our affiliates or our licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App [or any websites linked to from them], and any content on the App, including any direct, indirect, special, incidental, consequential or punitive damages, and including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

No guarantees. We do not guarantee that the App will be secure or free from bugs or viruses or any other type of malicious code or software. As you are responsible for configuring your technology to access the App, you should use your own antivirus software. We do not guarantee that the App or any content or functionality on it, will always be available, uninterrupted or be error-free.

Liability not excludable under applicable law; Australian Consumer Law. Nothing in these Terms affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a consumer guarantee applicable to the App, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, our liability for such failure is limited to (at our election), in the case of a deemed supply of goods, replacing the goods or paying the cost of having the goods repaired or replaced or supplying equivalent goods or repairing the goods, or in the case of a deemed supply of services, supplying the services again or paying the cost of having the services supplied again.

Suitability. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Google Play Store or Apple App Store and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision or support of the App is delayed by an event outside our control then we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.

Back-up. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of, or relating to your violation of, these Terms or your use of the App, including, but not limited to, your use of any information obtained from the App and any use of the App’s content.

We may end your rights to use the App at any time by contacting you if you have breached these Terms in a serious way. If your breach can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

• you must cease all activities authorised by these Terms, including your use of the App and the Documentation;
• you must delete or remove the App from all devices on which it is installed and immediately destroy any copies of the App which you have; and
• we may cease providing you with access to the functionality offered by the App.