MiRoamer Pty Ltd (ACN 129 707 026) (“we”, “us”, “our”) provides a platform for Registered Users to access and stream Internet radio stations, on-demand music services and other digital media content services (“MiRoamer”).
THESE TERMS AND CONDITIONS GOVERN ALL ACCESS TO, AND USE OF, MiROAMER AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, MiROAMER AND ANY CONTENT AVAILABLE THROUGH MiROAMER. IN ACCESSING OR USING MiROAMER OR ITS CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST REFRAIN FROM ACCESSING AND USING MiROAMER.
1. MiRoamer Account
1.1 To use MiRoamer and its Content, You may be required to be a Registered User. To become a Registered User, You must provide Us with Your personal information (including, without limitation, Your name and e-mail address).
1.2 Your use of MiRoamer may require a user name and password. It is important that You keep Your user name and password secret and secure if recorded. You are entirely responsible for maintaining the confidentiality of Your user name and Your password. You are responsible for all usage or activity of Your account including, without limitation, use by any person using Your user name or password and fees, if any, associated with such usage.
1.3 You may change Your password at any time by following instructions on MiRoamer.
1.4 You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security.
2. Privacy Statement
3. Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on MiRoamer. Your continued use of MiRoamer following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
4.1 MiRoamer and its Content is provided for Your personal, non-commercial use.
4.2 MiRoamer may be accessed through in-car applications as well as mobile applications or through Our online portal. You acknowledge that additional terms and conditions may apply to Your access through such additional channels.
4.3 You must not use MiRoamer and its Content in any way that infringes a third party’s intellectual property or other rights or use MiRoamer in any manner which is offensive, threatening, defamatory, fraudulent, misleading, deceptive or otherwise inappropriate.
4.4 Except as expressly authorised by (and subject to any conditions prescribed under) any applicable law, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of MiRoamer or its Content (including all trade marks); (b) interfere with or disrupt (or attempt to interfere or disrupt) MiRoamer, any servers or networks connected to MiRoamer or any other Registered Users use of MiRoamer; or (c) reverse engineer MiRoamer.
4.5 You must use MiRoamer and its Content for lawful purposes only and ensure that Your access to, or use of, MiRoamer and its Content is not illegal or prohibited by law, regulations, by-laws, ordinances or subordinate legislation, in force from time to time, in Your relevant jurisdiction or which otherwise pertains to You and Your use of, and access to, MiRoamer and its Content on MiRoamer.
4.6 This software leverages the following LGPL-2.1 software: LIbav 11, you can download the sources for it at libav.org and compile it for android as documented, a copy will be provided upon request.
5. Standard End User License
The Standard End User License that is included with Your App Shop User Terms also applies to Your use of MiRoamer. Click the “Settings” button in Your AppShop to review these terms.
6.1 We do not endorse the opinions, views or recommendations contained in any Content.
6.2 To the fullest extent permitted by law, We do not represent or warrant: (a) the suitability for Your intended use of any Content on MiRoamer; or (b) that MiRoamer or the Content will be uninterrupted or error-free or defect-free or that errors or defects in MiRoamer or the Content will be corrected.
6.3 We reserve the right to make any changes to MiRoamer and its Content as considered necessary or desirable by Us including, without limitation, updates and new releases. We will use all reasonable endeavours to give prior notice of such changes on MiRoamer to the extent that there is any adverse effect on the functionality or performance of MiRoamer but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects to the MiRoamer).
7. Third Party Services
7.1 MiRoamer may contain links and pointers to applications and internet sites maintained by third parties providers (“Third Party Services”). Some Third Party Services can be accessed through MiRoamer, others may run independently. These links to Third Party Services are provided for Your convenience. Third Party Services are not under Our control and We are not responsible for their content (including the suitability for Your intended use) or any link contained in a Third Party Service. We do not endorse any content on Third Party Services or any associated organisation, product or services.
7.2 You may need to register, or login to Your account, with a third party to access or use a Third Party Service. Your use of a Third Party Service will, in addition to these terms and conditions, be subject to the conditions of that Third Party Service.
8. Intellectual Property
All Intellectual Property in MiRoamer and its Content is owned by Us or third parties and/or their successors and assignees (“Content Owners”). There is no transfer of ownership to You of any Intellectual Property in MiRoamer or its Content. MiRoamer is a trade mark of Us. Any use of Our trade marks by You must include a statement attributing the trade mark to Us. You must not use any of Our trade marks in or as part of Your own trade marks or in connection with any business product or service which is not Ours.
9. Payments and Fees
9.1 You acknowledge and agree that We may charge fees for access to and use of MiRoamer. Such fees may change from time to time and shall be notified to You. Your continued use of MiRoamer following such notification will represent an agreement by You to pay those fees.
9.2 We may terminate or suspend Your access to, and use of, MiRoamer if You are late in payment of any fees under these terms and conditions.
9.3 Unless otherwise stated, all fees are quoted in and payable in Australian Dollars.
10.1 To the maximum extent permitted by law, We do not accept any liability for any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, MiRoamer or its Content or any Third Party Service; (b) any interaction You have with other users of MiRoamer; or (c) any error or defect in MiRoamer or its Content, even if We have been informed of the possibility of such Loss.
10.2 The above disclaimer does not attempt or purport to exclude liability under any legislation if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law) (a “non-excludable provision”).
11. Implied terms
Subject to any non-excludable provisions of the Australian Consumer Law or any other legislation, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, acceptable quality or fitness for a particular purpose) which would otherwise be implied in these terms and conditions is hereby excluded. Where the Australian Consumer Law or any other legislation implies in these terms and conditions any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
12. Force Majeure
We accept no liability for any delay or failure to perform Our obligations under these terms and conditions if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify, and keep indemnified, Us and Our officers, employees and agents (“those indemnified”) against all Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered or incurred by those indemnified in connection with: (a) any breach of any obligation or warranty under these terms and conditions by You; (b) any wilful misconduct by You; and/or (c) any negligent act or omission by You.
14. Public statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written consent.
15. Suspension and Termination
We may terminate or suspend Your access to MiRoamer: (a) if You breach any provision of these terms and conditions; or (b) upon no less than 30 days written notice; or (c) if We are reasonably of the opinion that You are in breach of any provision of clause 4 of these terms and conditions. Termination will not end those provisions that are capable of surviving the ending of these terms and conditions (including, without limitation, clauses 8, 10, 11, 13, 14, 16 and 17).
16. General provisions
16.1 These terms and conditions constitute the entire agreement between You and Us regarding the use of MiRoamer.
16.2 If We waive, in whole or part, any rights available to Us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
16.3 If any provision of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.
16.4 The laws governing these terms and conditions will be the laws in the State of Victoria, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions.
In these terms and conditions, unless the context otherwise requires:
17.1 Content means any text, data, audio, sound, recordings, graphics, information and other material (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) on or made available through MiRoamer.
17.2 Loss means loss or damage of any kind (including liability to a third party).
17.4 Registered User means a user of MiRoamer registered with Us.
17.5 You, Yourself, Your means any person using, or intending to use, MiRoamer.
Effective 26 May 2014