TERMS AND CONDITIONS

1. Terms and Conditions

1.1. This agreement is between UltraCall and you as User (you/your).

1.2. This agreement covers the use of UltraCall website, software and mobile applications and information transmitted across the UltraCall network (Service).

2. Definitions

2.1. The Service is made available to you by methods including a website and a mobile application (Application).

2.2. Data refers to direct measurements and derived information that is transmitted, stored or processed over the UltraCall network.

2.3. Subscription is a fee for use of the UltraCall Service.

3. Online Service

3.1. You may use the UltraCall Service with your physical UltraCall product. To use the Service you may access the UltraCall website or download the UltraCall app from either the App Store® (for Apple® devices) or the Google Play Store (for Android™ mobile devices).

3.2. Features supplied include presentation of Data to inform you.

4. Payment for the Service

4.1. UltraCall charges a fee for use of the Service and the Subscription is renewed automatically unless cancelled by the User. The Subscription is sold for the advertised prices at the time of your purchase.

4.2. If you do not pay an applicable Subscription in full by the due date we may suspend your use of the UltraCall Service and/or terminate this agreement.

4.3. You will be liable for any costs incurred in collecting overdue money owing to UltraCall by you (including bank fees, credit agency fees and legal and court costs) or in exercising UltraCall's other legal rights as a result of a breach of this agreement by you.

5. Ceasing or cancelling the service

5.1. If you decide to stop or cancel the Service because of UltraCall’s breach of this agreement; or UltraCall decides to stop or cancel the supply of the physical product to you in case such a supply is relevant in your use of the Service, then this agreement will automatically be terminated.

5.2. In addition to your rights set out in clause 5.1 you may decide to stop or cancel the Service by electing to cease to use the Service in which case the agreement will automatically be terminated at the end of the current relevant Subscription period.

5.3. Termination

5.3.1. You may terminate this agreement at any time by giving at least 10 business days’ written notice to UltraCall.

5.3.2. UltraCall may terminate this agreement at any time by giving at least 10 business days’ written notice to you.

6. License to use

6.1. All Intellectual Property in the UltraCall Service belongs to UltraCall

6.2. The UltraCall physical product is owned or rented by you as User and the costs related to the physical product are not part of the Subscription referred to in clauses 2,4 and 5.

6.3. The UltraCall physical product may only be used on the UltraCall network.

6.4. By use of UltraCall Service the User agrees to not conduct an illegal activity, harassment, or impersonation that would interfere with the Service or others using the Service.

7. UltraCall will make use of the Data

7.1. UltraCall may ask you to provide it with some personal information which UltraCall may use for a number of purposes, including delivery, Installation, confirming your identity, credit checks, debt collection. In addition, UltraCall will collect information transmitted by the physical product at your place/s of installation.

7.2. You authorise UltraCall to:

7.2.1. contact and/or provide information to third parties in order to confirm your identity.

7.2.2. request information from other relevant third parties, as required under UltraCall’s standard credit criteria;

7.2.3. analyse and collate the data collected from the physical product for the purpose of providing the Online Service and UltraCall’s services to you;

7.2.4. use non-identifiable data collected via the physical product for the purpose of aggregation and sharing of anonymised data with customers using the Online Service.

7.3. Any personal information you provide or is lawfully received by UltraCall from third parties is strictly confidential and will be kept secure and held in accordance with our Privacy Policy (available at xxx) and the Privacy Act 1993. Your privacy matters to us. You can learn how we handle your information when you use our Service by reading the Privacy Policy. We encourage you to read the Privacy Policy because by using the Service, you agree that UltraCall can collect, use, and share your information consistent with that policy.

8. Liability

8.1. You have rights and protections under the Consumer Guarantees Act 1993 and Fair- Trading Act 1986 that are not affected by UltraCall's limitations of liability contained in this agreement.

8.2. Except as provided in clause 8.1, UltraCall will not be liable to you (in contract, tort (including negligence) or otherwise) for any loss or damage you may suffer.

8.3. UltraCall limitations of liability extend to its contractors for the purposes of the Contracts (Privity) Act 1982.

8.4. UltraCall is not liable for any failure to perform or for any delay in performing its obligations under this agreement if that failure or delay is due to an event which is beyond its control and which prevents UltraCall from doing the things it would normally do. UltraCall will perform its obligations under this agreement as soon as it is reasonably practicable to do so.

8.5. An event or cause beyond our control includes, but is not limited to: war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, earthquake, fire, lightning, storm, flood or other similar event, traffic accidents, problems arising because of health and safety hazards at the Property, and other things which UltraCall does not have control over.

8.6. UltraCall always uses reasonable endeavours to produce, transmit and work with data that is accurate.

9. Right to Update or Modify Terms

9.1. UltraCall maintains the right to update or modify these terms at any time without notice. UltraCall will maintain an up-to-date version on their website. By use of the UltraCall Service you agree with the latest version of these terms and conditions.