Legal

Wangle App - Terms of Use and End User Licence Agreement

Effective as at April 18, 2017

Permission to use the Wangle App is conditional upon you agreeing to the terms set out below. The Wangle App is offered to you on condition that you read and accept all the terms of this agreement and wish to become a user of the Wangle App VPN service. By clicking “I Accept” at the end of these terms and conditions, you will be deemed to have accepted the terms and conditions of this agreement. If you do not wish to accept the terms, you must not click “I Accept” and you may not use the Wangle App. 

The Wangle App is available for download in Australia and New Zealand only.

 

Terminology

In this agreement the expressions "we", "us" and "our" are a reference to Wangle Technologies Limited ACN 096 870 978 and Wangle Operations Pty Ltd ACN 611 354 208 and include a reference to each of their directors, officers, employees, affiliates, agents, contractors or licensors.  

The expressions "you" and "your" refer to the primary individual accessing, downloading, installing or using the Wangle App, and unless otherwise indicated includes any other secondary individuals accessing, downloading, installing or using the Wangle App with the permission of the primary individual or via or through the primary individual’s device(s) (Authorised Persons).

The parties acknowledge that this agreement is entered into by you both in your personal capacity and as agent for and on behalf of each of the Authorised Persons jointly and severally and that each right and obligation of you and the Authorised Persons under this agreement is held by and may be performed by you and enforced against you in one or more of those capacities.  In addition, you warrant that you have obtained the irrevocable consent of any and all Authorised Persons to enter into this agreement on their behalf.

 

Trial Period, Recurring Subscriptions, Payments & Cancellations 

When first-time subscribers sign-up to the Wangle App, we will not charge a subscription fee for a period of 30 days from the date of the subscription (THIS 30 DAY FREE PERIOD TO BE KNOWN AS THE ‘TRIAL PERIOD’).

At the end of such trial period, we will commence charging you for your paid subscription (including any taxes as applicable) on a RECURRING MONTHLY BASIS via the payment method agreed to on sign-up to the Wangle App service UNTIL CANCELLATION OF THE SUBSCRIPTION.

BY AGREEING TO THIS PAYMENT METHOD AT THE COMMENCEMENT OF THE TRIAL PERIOD, YOU AGREE TO THIS MONTHLY RECURRING CHARGE. You are responsible for the timely payment of all fees and for providing us with a valid payment method.  IF YOU DO NOT WANT TO PAY THIS CHARGE, YOU MUST CANCEL YOUR PAID SUBSCRIPTION VIA YOUR ACCOUNT PRIOR TO THE END OF THE TRIAL PERIOD. We will notify you by email that your Trial Period is due to expire and of any fees.

AFTER THE TRIAL PERIOD ENDS, YOU MAY CHANGE OR CANCEL YOUR ACCOUNT SUBSCRIPTION AT ANY TIME BY LOGGING INTO YOUR ACCOUNT.

We may vary the subscription fees at any time by providing you with at least 30 days' notice to your Account email address. If you do not agree with the varied subscription fee you may cancel your Account.

 

Wangle App

The Wangle App is an application you can use on your device that you own and control, and devices owned or controlled by Authorised Persons, all of which must be no older than 24 months (Devices). 

To use the Wangle App and connect to the Wangle VPN Service, you must:

(a)  download the Wangle App onto your Device(s); 

(b)  set up your account by visiting Wangle's website via the sign link on your App by (Website), clicking on 'sign up', selecting your region (Australia or New Zealand) and subscription type, entering your personal details, email account and payment details and selecting a password (Account). You will be sent an email containing a link, click on the link to activate your Account;

(c)  open the Wangle App on your Device(s), and log in using your Account email address and password; and

(d)  click on 'register device'.

 

Licence

We grant you a non-transferable, non-exclusive, revocable licence for the Term to install and use the Wangle App on your Device(s):

(a)  solely for your own personal use on one Device and the personal use of Authorised Persons’ on other Devices (if any);

(b)  within your Account region only (being Australia or New Zealand); and

(c)  in accordance with this agreement.

 

Your obligations 

You will:

(a)  only download and use, or allow the downloading and use of, the Wangle App from within your Account region (Australia or New Zealand) and in accordance with the licence granted to you under this agreement;

(b)  supervise and control the use of the Wangle App in accordance with this agreement;

(c)  ensure that the Wangle App installed is updated to the latest version at all times;

(d)  be responsible for all data charges you incur through use of the Wangle App; and

(e)  remove the Wangle App from the Device if you sell, or any Authorised Person sells, any Device to a third party,

in respect of all Devices.

 

You agree that you will not:

(a)  use any version of the Wangle App that is not the current version unless specifically authorised by us in writing;

(b)  copy, reproduce, translate, adapt, vary, disassemble, decompile or modify the Wangle App without our express consent, except as expressly authorised by this agreement or Pt III Div 4A of the Copyright Act 1968 (Cth); 

(c)  provide or otherwise make available the Wangle App in any form to any person without our written consent;

(d)  circumvent or remove any technological protection measure, copy protection measure, security system or any use restriction device in the Wangle App; 

(e)  remove, alter or add to any copyright notice or similar marking on the Wangle App;

(f)  use the Wangle App for any illegal or unauthorised purpose or interfere or disrupt the Wangle App or servers or networks connected to the Wangle App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; or

(g)  use, sublicense, lease or rent the Wangle App for or in connection with a third party, including as a service bureau, time share facility, outsourcing or otherwise.

 

Documentation

The licence extends to any accompanying documentation. The documentation may not be copied, modified or used in any way not contemplated or expressly authorised by this agreement.

 

Disclaimer

We do not guarantee that you will be able to enjoy uninterrupted or error-free access to the Wangle App. The Wangle App is licensed on an “as is” basis and is subject to change without notice.

Although it is our intention for the Wangle App to be available as much as possible during the Term, there will be occasions when access to or use of the Wangle App may be interrupted, for example for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We are not a backup service and you agree that you will not rely on the Wangle App for the purposes of content backup or storage. We will not be liable to you for any replacement modification, suspension or discontinuation of the Wangle App, or the loss of any data or content. You also acknowledge that the internet may be subject to breaches of security and that the submission of data or content or other information may not be secure.

 

Confidentiality

The Wangle App and documentation is our confidential information. You must keep that information secure and only use it for the purpose for which it was licensed to you and not disclose that information except as required by applicable Australian or New Zealand law. This confidentiality clause does not apply to information that is in, or enters, the public domain through no fault of yours. You acknowledge that damages may be inadequate compensation for a breach of this clause and, subject to the relevant court’s discretion, we may restrain by an injunction or similar remedy, any conduct or threatened conduct that is or would be a breach of this clause. These confidentiality obligations survive the expiry or termination of this agreement.

 

Privacy

Your use of the Wangle App must comply with applicable privacy laws and our Privacy Policy, which is linked here: http://wangletechnologies.com/corporate/privacy-policy/

 

Consent to use data

You agree that we may collect and use technical data and related information from time to time for any reason permitted by our Privacy Policy and by law including to help us to provide software updates, product support and other services to you (if any) related to the Wangle App. Examples of the data we may collect and use include technical information about your Device(s), system and application software and peripherals. You agree that we may use this information, as long as it is in a form that does not personally identify you, for any reason permitted by our Privacy Policy and by law including to improve our products or to provide services or technologies to you.

 

Third party materials

You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and, to the full extent permitted by law, will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

 

Third party terms

In this section, "Google" refers to Google Inc. with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States and "Apple" refers to Apple Inc. with principal place of business at 1 Infinite Loop, Cupertino, California, USA, 95014.

This agreement is between you and us only and you agree that:

(a)  Apple and Google have no responsibility for the Wangle App or its contents;

(b)  Apple and Google have no responsibility whatsoever to furnish any maintenance and support services for the Wangle App; 

(c)  Apple and Google have no responsibility for any warranties (whether express or implied) or claims, whether brought by you or by third parties, relating to or arising from supply of the Wangle App (including Wangle App liability claims, claims that the Wangle App fails to conform with any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation);

(d)  Apple and Google have no responsibility for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim in respect of the contents of the Wangle App; and

(e) Apple and Google and each of its subsidiaries are third party beneficiaries of this agreement and, upon your acceptance of this agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this agreement.

You also represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Consumer guarantees

You may have rights under the Australian Consumer Law and in New Zealand under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) to certain statutory guarantees in relation to the Wangle App (Consumer Guarantees) that are not limited or adversely affected by any disclaimer of warranties or limitation of liability set out in this agreement. These Consumer Guarantees include guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.

 If the supply of the Wangle App is the subject of a Consumer Guarantee, our liability in Australia is limited to:

(a)  a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; and

(b)  the repair or replacement of the Wangle App if it fails to be of acceptable quality and the failure does not amount to a major failure.

In New Zealand our liability is strictly limited to the remedies that may be awarded under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).

 

Limitation of liability

Nothing in this clause affects your rights under the Australian Consumer Law or in New Zealand under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).

You agree that:

(a)  except as required of us under the Consumer Guarantees, we provide no other warranty, guarantee or assurance, express or implied, to you in relation to the Wangle App supplied to you, and you agree and acknowledge that it is fair and reasonable for us to do so; and 

(b)  to the fullest extent permitted by law, your use of the Wangle App is at your sole risk and our liability for a breach of any condition, warranty or term of this policy that is not a breach of a Consumer Guarantee is limited in the following way:

(i) we are not liable (whether in negligence or otherwise) to you in relation to such breach for any indirect or consequential loss, loss of profit revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, claims by a third party for liquidated sums or damages under any agreement, or loss of production or operating time (even if you have advised us of their possibility); and

(ii) any right or remedy conferred on you in relation to any such breach is limited to the resupply or removal of the Wangle App to or from your Device.

 

Trade marks and copyright

(a)  "Wangle" and the Wangle logo are our trade marks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. 

(b)  You acknowledge that the Wangle App and related documentation (including all copies or portions of them) are the subject of copyright. You do not acquire any right, title or interest in or to the Wangle App or related documentation except as expressly provided for in this agreement. You will not during or any time after the expiry or termination of this agreement permit any act which infringes that copyright and you specifically acknowledge that you may not copy, modify, rent, lease, loan, sell, distribute the Wangle App, or create derivative works based on the Wangle App, except as otherwise expressly authorised or acknowledged by this agreement. 

(c) You indemnify us fully against all liabilities, costs and expenses that we may incur to a third party (including any and all Authorised Persons) as a result of your breach of the copyright provisions of this agreement.

(d)  In the instance of a suspected, threatened or actual breach of intellectual property laws, notwithstanding any other provision of this agreement, we reserve the right to change, suspend, remove or disable access to the Wangle App at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use of or access to certain features of the Wangle App, in any case and without notice or liability.

(e)  You acknowledge that you own, or undertake that you are authorised to use any intellectual property in any data or content you, store, use, download, share or otherwise transmit to or from the Wangle App.

 

Delivery and acceptance

The Wangle App and documentation (including this agreement) are deemed to be accepted by you upon download by you.

 

Term and termination

(a)  This agreement commences upon the date you download the Wangle App and continues until it is terminated by either us or you (Term).

(b)  You may cancel your subscription and terminate your Account at any time by uninstalling the Wangle App from your Device(s). Upon cancellation of your subscription, you agree to ensure that all Authorised Persons uninstall the Wangle App from all Devices. You will also be required to log on to your account via portal.wan.gl account login and follow the online instructions to cancel your membership. 

(c)  The agreement and your Account may be immediately terminated by us in the following circumstances:

(i)  if you are in breach of any term of this agreement; 

(ii)  if you assign or novate the agreement to someone else without our prior written consent;

(iii)  if you sell your Device(s) to a third party, and you do not remove the Wangle App from the Device(s) before doing so; or 

(iv)  if you uninstall the Wangle App and destroy the documentation for any reason. 

(d)  Upon termination:

(i) you remain liable for all amounts due under your Account up to and including the date of termination; and

(ii) you must destroy any remaining copies of the Wangle App and documentation or otherwise return, dispose of or mark generally inaccessible such material in the manner directed by us. 

(e)  Termination of this agreement by us will not affect any rights or remedies that we may have otherwise under this agreement or at law.

(f)  Without limiting any other indemnity you provide under this agreement, you indemnify us against any claims arising out of your breach of this agreement.

 

Verification

You will permit us and our auditors reasonable access to your records and systems during normal business hours to verify that the Wangle App and documentation is being used in accordance with these terms. You will provide all assistance necessary for us to exercise our rights under this verification clause.

 

Assignment

The benefit of this agreement will not be dealt with in any way by you (whether by assignment, sub-licensing, novation or otherwise) without our prior written consent.

 

Severability

If any provision of this agreement is held unenforceable or illegal for any reason, the agreement will remain otherwise in full force apart from the provision that will be deemed deleted.

 

Waiver

Failure or neglect by either party to enforce at any time any of the provisions of this agreement will not be construed or deemed to be a waiver of that party's rights under this agreement.

 

Governing law

This agreement will be governed by and construed according to the law of Western Australia and the parties submit to the jurisdiction of the courts of Western Australia.  With respect to any legal action or proceedings which may be brought at any time relating in any way to this agreement each of the parties irrevocably submits to and accepts generally and unconditionally the exclusive jurisdiction of the courts and appellate courts in Western Australia and the courts competent to determine appeals from those courts.  Each of the parties irrevocably waives any objection it may now or in the future have to the venue of any action or proceedings, and any claim it may now or in the future have that the action or proceeding has been brought in an inconvenient forum.

 

Updated terms 

We reserve the right to change the terms of this agreement (Updated Terms) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Wangle App, and that your use of the Wangle App after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this agreement and any Updated Terms before using the Wangle App. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Wangle App from that point forward.

 

Notices

We may notify you with respect to the Wangle App by sending an email to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Wangle App. Notices will become effective immediately.