By installing the software provided by Actron Engineering Pty Ltd ACN 002 767 240 ("ActronAir") relating to air conditioning services to be used on the Que integrated air conditioner control platform and any upgrades from time to time ("Licensed Application") and any other software or documentation which enables the use of the Application, you agree to be bound by these terms of use ("Terms"). Please read these carefully before installation and/or acceptance.
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Licensed Application together with the underlying software code are owned directly by ActronAir. ActronAir grant you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your personal use in accordance with these Terms.
You agree that ActronAir may collect and use technical data and related information, included but not limited to technical information about Your device, system and application software, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. ActronAir may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. ActronAir’s Privacy Policy is available on our website.
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Licensed Application; or (iii) create derivative works of the Licensed Application of any kind whatsoever.
The Licensed Application is currently made available to you free of charge for your personal, non-commercial use. ActronAir reserves the right to amend or withdraw the Licensed Application, or charge for the application or service provided to you in accordance with these Terms, at any time and for any reason.
You agree and acknowledge that you are responsible for the use of the Licensed Application, which controls your air conditioning system operation. ActronAir will not be responsible for any loss, damage or liability that you or any other personnel may sustain as a result of operating your air conditioning unit via the Licensed Application or any other method.
You acknowledge that the terms of agreement with your respective internet network provider will continue to apply when using the Licensed Application. As a result, you may be charged by your Internet Provider for access to network connection services for the duration of the connection while accessing the Licensed Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
The application license is effective until terminated by you or ActronAir your rights under this license will terminate automatically without notice from ActronAir if you fail to comply with any term(s) of this license. Upon termination of the license you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
ActronAir’s liability is limited to, to the extent permissible by law and at ActronAir’s option in relation to the Application to:
To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and ActronAir is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia and you submit to the exclusive jurisdiction of the courts in New South Wales.
These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
No waiver of any of these terms and conditions or failure to exercise a right or remedy by ActronAir will be considered to imply or constitute a further waiver by ActronAir of the same or any other term, condition, right or remedy.
