TERMS AND CONDITIONS

For the usage of the mobile application and website of CTON Work Wallet.

Your Acceptance

These Terms and Conditions (Terms) govern you using this mobile application and its associated services. Your use of this Mobile Application and its associated services constitutes your acceptance of these terms and conditions and may be revised by CTON Work Wallet Pty Ltd ABN 63 779 280 from time to time, which constitutes a binding agreement between the user (you) and CTON Work Wallet Pty Ltd governing the use of the Application and Services.

By using our services, you acknowledge and agree to the terms and conditions within this policy, and CTON WorkWallet Pty Ltd Privacy Policy, which can be found at https://www.ctonworkwallet.com/privacy-policy

By clicking “I Accept” to these Terms or downloading, installing, accessing or using this Mobile Application, you acknowledge you have fully read, understand and agree to be bound by these Terms. If you do not agree to any of these Terms, you may uninstall/delete and/or cease to access and use this Mobile Application and Services provided within immediately.

This Mobile Application and the services provided within are owned by CTON Work Wallet Pty Ltd and the terms we, us, our and CTON Work Wallet Pty Ltd refer to CTON Work Wallet Pty Ltd. The terms you and your refer to the users of the Mobile Application and its associated Services.

CTON Work Wallet Pty Ltd provided Services

These Terms and conditions apply to all users of the CTON Work Wallet Pty Ltd . The CTON Work Wallet Mobile application may provided information and links to third party websites that are not owned or associated by CTON Work Wallet.

CTON Work Wallet has no control over and assumes no responsibility for, the content, privacy policies, terms and conditions or practices of any third-party websites or any of their affiliates. In addition, CTON Work Wallet Pty Ltd will not and cannot censor or edit the content of any third-party site. By using This Service, you expressly acknowledge and agree that CTON Work Wallet Pty Ltd shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website either directly or through the use of the CTON Work Wallet mobile application.

Mobile app usage

a. This mobile application and its associated Services may only be used by persons that are aged eighteen 18 years or older, or if an age lower is permitted by law.

b. Using this Mobile Application and its associated Services may be prohibited or restricted in certain countries. If you use this mobile Application and associated Services outside of Australia, Ireland or the UK you are responsible for your upholding the laws and regulations of the country or territory from which you access or use this Mobile Application and its associated Services.

Terms and Conditions

These Terms and conditions are inclusive but not limited to;

The CTON Work Wallet Pty Ltd policies and terms and conditions (CTON Work Wallet Pty Ltd Privacy Policies), including the Terms and conditions of use for the CTON Work Wallet Pty Ltd website, posted at https://www.ctonworkwallet.com/
Android Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).
Apple Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided within (Apple Terms);

If any of the provisions of the Apple or Android Terms or any applicable CTON Work Wallet Pty Ltd Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Application and Services provided.

CTON Work Wallet Pty Ltd Access

Subject to your acceptance of these Terms and conditions, CTON Work Wallet Pty Ltd allows you non-exclusive and non-transferable license to download its mobile application to use your mobile device. This licence is in respect of Your Use of the App only, provided that:

Abide by all sections within these terms and conditions
you will not duplicate, transfer, give access to, copy any part of the Service in any medium without CTON Work Wallet Pty Ltd's prior written authorisation;

We reserve the right to make any changes deemed necessary by CTON Work Wallet to the Mobile Application or part thereof when required including without limitation, the removal, changes and/or variation of any elements, structures, features, and functionalities of the Mobile application.
You agree that You will not be able to access and or use certain functionalities of the App unless You have internet access through mobile data or a Wi-Fi connected mobile device. All charges or access charges incurred to you due to the usage of this Mobile application are subject to your mobile network providers terms and conditions.
We reserve all rights to make any changes to the App or to discontinue any aspect or feature of this Mobile Application without any prior notice to You.
We will make our best efforts to make this Mobile application available to You at all times, but We cannot guarantee service free from fault or interruption.
Without prejudice to our other rights and remedies, we reserve the right to temporarily or permanently suspend, delete or disable your access to this Mobile Application at any time without notice to You in the event of you breaching any of the terms within this document.

Registration

a. Access to this Mobile Application and its associated Services will require the end User to register their details for an account

b. When registering for an Account, Each User is required to provide certain information including their email, first name, last name and password.

c. Each User agrees to provide accurate, up to date and complete information during the registration process and update the provided information when required to keep it as accurate as possible and complete.

d. CTON Work Wallet Pty Ltd reserves the right to suspend, delete or terminate any users Account and a User’s access to the Mobile Application and its associated Services if any information provided to CTON Work Wallet Pty Ltd proves to be false, inaccurate, not up to date or incomplete.

e. It is the User’s responsibility to keep their Account details safe and their password protected /confidential. The User is liable for all activity on their Account.

f. If the user deletes their account all of their stored information will also be deleted

Copyright and intellectual Property

Our Mobile Application and associated Services contains material which is owned by or licensed to us (or our affiliates and/or third-party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the Application and Services. CTON Work Wallet Pty Ltd, logo, and other CTON Work Wallet Pty Ltd material used in connection with the Application and Services are unregistered or registered trademarks of CTON Work Wallet Pty Ltd ((collectively CTON Work Wallet Pty Ltd Marks).
Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered CTON Work Wallet Pty Ltd, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to CTON Work Wallet Pty Ltd (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and Application and Services; trade, business company or organisation names; internet domain names; and Content, images and layout.
You agree that, as between you and us, we own all Intellectual Property rights in the Application and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Application. The Application and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by CTON Work Wallet Pty Ltd or the owner of the Content.
The Intellectual Property, CTON Work Wallet Pty Ltd Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of CTON Work Wallet Pty Ltd or the applicable trademark holder.
Users do not obtain any interest or licence in the Intellectual Property, CTON Work Wallet Pty Ltd Marks or Third-Party Marks without the prior written permission of CTON Work Wallet Pty Ltd or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

Warranties and Liabilities

We provide Users with access to this Mobile Application free of charge and, to the maximum extent permitted by law, We shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by Use of this Mobile Application or the Content, or by any fault, delay, interruption or otherwise of the provision of the Mobile Application or the Content, or by Our failure to perform any of Our obligations under these Terms. To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations, and liabilities in connection with the App, and the information provided therein.

Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third-party websites and does not necessarily endorse the views expressed within them.

As a condition of your use of our Application and Services, you agree to abide by the Terms;

provide the Application and Services to any third party.

In no event shall We be liable to You for any special, indirect, incidental damages, including loss of profits and goodwill, business or business benefit.

User Information and Security

a. The Application and Services may require the transmission of information provided by the User including User names and passwords, addresses and e-mail addresses, personal information and location data (User Information).

b. If the User uses such Application and Services functionality, the User consents to the transmission of User Information to CTON Work Wallet Pty Ltd, its agents and/or service providers and authorises CTON Work Wallet Pty Ltd, its agents and/or service providers to record, process and store such User Information as necessary for the Application and Services functionality and for purposes described in our Privacy Policy on our Website.

c. User Information is stored securely. If we are aware of a breach of security, we will notify affected users and we will cooperate with authorities regarding the breach.

d. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the Mobile Application, for all transactions and other activities in the User’s name, whether authorised or unauthorised.

e. The User agrees to immediately notify us of any unauthorized interactions or breach of security associated with the Application and Services. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application and Services.

f. The Application and Services may require the transmission of User Information. In order to access and use the features of the Application and Services, you acknowledge and agree that you will have to provide CTON Work Wallet Pty Ltd with your email and phone number. When providing your mobile phone number, you must provide accurate and complete information.

Acceptable and Prohibited Use of the Mobile Application

The User agrees that his or her use of the Application and Services and any Content must comply with these Terms and the CTON Work Wallet Pty Ltd Policies. In no event may the Mobile Application and its associated Services be used in a manner that:

a. harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

b. is unlawful, fraudulent or deceptive;

c. uses technology or other means to access the Application, Services Website or Content that is not authorized by us;

d. uses or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the Application, Services Website or Content;

e. attempts to or tampers with, hinder or modify the Application and Services attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Application and Services including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Application and Services;

f. attempts to gain unauthorised access to our computer network or user accounts;

g. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

h. violates these Terms;

i. attempts to damage, disable, overburden, or impair our servers or networks;

j. fails to comply with applicable third party Terms; or

k. facilitates or assists another person to do any of the above acts.

You must not:

a. post, upload, publish, submit or transmit any Content that:

i. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;

ii. is fraudulent, false, misleading or deceptive;

iii. requests money from, or is intended to otherwise defraud other Users;

iv. denigrates CTON Work Wallet Pty Ltd or the Application and Services;

v. transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission.

vi. contains videos, images or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);

vii. is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

viii. is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or

ix. promotes illegal or harmful activities or substances.

b. print, publish, modify, link to or distribute any Content from the Application and Services or any other documentation that we provide to you, unless we have authorised you in writing;

c. breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our Application; alter or modify any of the code or the material on the Application and/or its associated Services;

d. collect or harvest any personally identifiable information, including phone number, from the Application and Services, nor to use the communication systems provided by the Application and Services for any commercial solicitation or spam purposes;

e. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, decompile or create derivative works from, transfer, or sell or re-sell any Application or Services; or

f. facilitate or assist another person to do any of the above acts.

Any use of the Mobile Application and its associated Services in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application and Services or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Mobile Application and its associated Services (Content) is prohibited.

We reserve the right, in our sole discretion, to terminate any User Licence, remove Content or assert legal action with respect to Content or use of the Application and Services, that we reasonably believe is or might be in violation of these Terms or CTON Work Wallet Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

Upon termination of the Terms, we have no further obligation to you, and may cease to provide the

Mobile Application and its associated Services to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.

Consumer Guarantee

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer

Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Indemnification

By using this Mobil Application and its associated Services, you agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or

negligence, arising out of or connected to your use of or access to the Application and Services; any

breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any

violation by you of any applicable laws or the rights of any third party.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject

to indemnification by the User, in which event the User will cooperate in asserting any available

defences.

This defence and indemnification obligation will survive these Terms and your use of the

Application and Services. These Terms, and any rights and licences granted hereunder, may not be

transferred or assigned by you, but may be assigned by us without restriction.

General

a. Amendments: CTON Work Wallet Pty Ltd reserves the right to amend, change or modify these Terms or any other CTON Work Wallet Pty Ltd Policies related to use of the Application and Services at any time and at its sole discretion by posting revisions on the Website. Continued use of the Application and Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our Application and Services.

b. Governing Law and Jurisdiction: This Application and Service are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the Australian Capital Territory.

c. Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.

d. Disputes: You agree to use your best endeavors to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.

e. Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations,

warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own inquiries before entering into the Terms.

f. Account termination: These Terms and conditions are effective until terminated by you or us. We may terminate your Account and our contract with you, in our sole discretion, without incurring any liability to you, if:

you commit a non-remediable breach of these Terms;
you commit a remediable breach of these Terms and do not remedy the breach within [10] days after receiving notice of the breach;
you defame us; or
misuse the Application and Services.

You can delete your Account including these Terms via the Account tab in the Application. All information will be deleted after deleting your account.

For any questions or notice, please contact us at:

CTON Work Wallet Pty Ltd Pty Ltd ABN 63 779 280

Email: support@ctonworkwallet.com

Last update: October 2022

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