Mobile Application User Agreement

MANMOJI PTY LTD (T/A “ManMoji”)
ManMoji USER TERMS AND CONDITIONS (USER AGREEMENT)
Last modified: 21 August 2017

Thank you for visiting ManMoji!

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

The following definitions apply to this User Agreement:
“Application” means the downloadable mobile (smartphone device) software application owned and operated by MANMOJI Pty Ltd (ACN 618 148 253) trading as ManMoji and our related bodies corporate, the subject of this User Agreement;
“Emoji” means a small digital picture, image, pictorial symbol, sticker or icon used to express an idea, portrait of an individual or emotion in text messages and other electronic communications;
“ManMoji” means the downloadable mobile (smartphone device) software application owned and operated by MANMOJI Pty Ltd (ACN 618 148 253) T/A ManMoji, the subject of this User Agreement;
“Services” means the Application, products, games, services, content, website or other domains and online communication methods provided by MANMOJI Pty Ltd trading as ManMoji. This includes updates and upgrades as well as accompanying manual(s), packaging and other written, electronic or on line materials or documentation, and any copies of such software and its materials;
“Terms of Use” means the terms and conditions contained in this User Agreement and the Privacy Policy;
“User” means customers who register to download and use the ManMoji Application and Services;

  1. INTRODUCTION TO OUR SERVICES

For the purpose of this User Agreement, the Application is owned and operated by MANMOJI Pty Ltd (ACN 618 148 253) trading as ManMoji and our related bodies corporate (referred to as ‘we’, ‘our’ and ‘us’ in this User Agreement).

This Application and all its pages are owned and operated by MANMOJI Pty Ltd. MANMOJI Pty Ltd is registered under the Corporations Act 2001 (Cth) and our business address is at: 1 Sailfind Place Somersby NSW 2250

By accessing and/or using this Application and related Services, you agree to comply with all applicable laws, and the terms and conditions set out in this User Agreement, which includes our Privacy Policy (available at Privacy Policy) (“Terms of Use”).

Further, by accessing and using this Application, you acknowledge your acceptance of the Terms of Use in its entirety. If you do not agree with these Terms of Use, you should discontinue use of this Application and related Services immediately, and you should not proceed any further with any attempt to access or use the Application covered by this User Agreement.

  1. USING OUR SERVICES

ManMoji is a downloadable mobile software application, as governed by this User Agreement and allows Users to do the following:

  • browse through Emojis;
  • use and share any Emoji on other communication channels including, but not limited to, Facebook, Instagram, Twitter, Whatsapp etc.;
  • use the ManMoji Application as a keyboard to be displayed within any communication channels;
  • to copy and paste Emojis from the keyboard included within the Application into any communication channel;

To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors. It is your responsibility not to lose, destroy, or damage the Application once downloaded. We encourage you to back up your mobile (smartphone device) content regularly.

You may use our Services only for personal non-commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services containing within this Application or related Services.

We reserve the right to immediately restrict, suspend or terminate without notice your access to the Application and related Services in case we discover any interference between your use of the Application and our operations.

  1. REGISTRATION

In order to access the Application, Users are required to download the Application. The Application is free to download from the Apple App Store. In order to download and use the Application, you must have a mobile communication subscription with a participating wireless service provider or otherwise have access to a (mobile) communications network. Users will need to pay fees to wireless service providers for such access and/or use. Further, Users need to have a registered mobile application software store account allowing Users to download and use mobile software applications. For instructions, please check your wireless service provider’s website, your mobile phone manufacturer’s website and/or your internet service providers’ website.

If you are under the age of 13 years, you may not download or use this Application. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Use.

  1. IN-APP PURCHASES AND REFUNDS

There is currently no fee for the download of the Application.

ManMoji will offer In-App Purchases (IAP) of additional Emoji’s. IAPs will be available through the Apple App Store. The terms and conditions of your internet service provider and your respective mobile application software store will apply to the provision of the IAPs.
A User can buy products (Emoji’s) via IAP within the Application dashboard. The User will be prompted to input their Apple ID and Password prior to the payment being confirmed. The timing of the prompt is as per the account settings. The User is then prompted to confirm the transaction. The User can also use finger ID to confirm. Payments are made through the User’s Apple ID and accepted through the User’s preferred payment method.

In the event that you upgrade to a new phone, Users can restore any IAPs on any device as long as the User is logged into their Apple iTunes account which they used to make the original IAP.

You agree to pay the fees for any IAPs processed by you, by any other person who is authorised (either explicitly or implicitly) by you to use your payment device, and by any other person who is not authorised by you to use your payment device – except if said person used your payment device without your culpability. The current fee for the IAPs depends on your country of residence. You may review this fee within your respective mobile application software store before downloading. Those fee(s) and currencies may change from time to time. Discounts and promotional codes may be provided and applied to the IAP.
In no event will you be entitled to any refunds of payments for our Services. Once a IAP purchase is confirmed, the User is required to deal directly with Apple for any refunds.

  1. TERM AND TERMINATION OF THE CONTRACT

This User Agreement between ManMoji and Users is concluded for an indefinite period. We do not guarantee that we will continue to supply the Services indefinitely.

If you fail, or ManMoji suspects on reasonable grounds that you have failed, to comply with any of the provisions of this User Agreement, ManMoji, at its sole discretion, without notice to you may permanently or temporarily block your access to all or part of the Service; and you will remain liable for all amounts due and in no event will you be entitled to any refunds of payments for the Services.
ManMoji reserves the right to modify, suspend, or discontinue the Services at any time without notice to you, and to the fullest extent permitted by law, ManMoji will not be liable to you or any third party should it exercise such rights. Termination will not affect the Services already acquired.

  1. PRIVACY AND PERSONAL INFORMATION

Your privacy is important to us. If you provide any kind of personal information to us, you consent to the collection, use, disclosure and transfer of said information subject to our Privacy Policy [Link to Privacy Policy].

  1. WARRANTIES AND DISCLAIMERS

You may have rights under statute; the following disclaimer of warranties and liability limitations apply subject to any rights you may have under such laws.

ManMoji does not guarantee, represent or warrant that your use of its Service will be uninterrupted or error-free, and you agree that from time to time ManMoji may remove the Service for unknown periods of time or cancel its Service at any time without notice to you, where reasonably necessary to protect its interests.
You expressly agree that your use of, or inability to use, the ManMoji Application is at your sole risk. ManMoji and all Services delivered through the ManMoji Application are provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties.

In no case shall ManMoji, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the ManMoji Application or for any other claim related in any way to your use of the ManMoji Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the ManMoji Application, even if advised of their possibility.

Data Network

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. ManMoji does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

External Websites

We may provide organic or advertiser’s links to content of external web sites that are not controlled or influenced by ManMoji. We cannot be held responsible for any of the content or information contained on these external sites, and we do not necessarily endorse these sites or the views they present.

  1. INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND COPYRIGHT

You agree that the ManMoji Application, including but not limited to products, graphics, Emojis, User interface, audio clips, video clips, editorial content, and the scripts and software used to implement the ManMoji Application, contain proprietary information and material that is owned by ManMoji and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the ManMoji Application in compliance with this User Agreement. No portion of the ManMoji Application may be reproduced in any form or by any means, except as expressly permitted in these terms. Except to the extent that applicable laws prevent ManMoji restraining you from doing so, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the ManMoji Application in any manner, and you shall not exploit the ManMoji Application in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.

All copyrights in and the ManMoji Application (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) and related software are owned by ManMoji and/or its licensors, who reserve all their rights in law and equity. The use of the software or any part of the ManMoji Application, except for use as permitted in, under and in accordance with this User Agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

ManMoji, the ManMoji logo, and other ManMoji trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ManMoji. Other trademarks, service marks, graphics and logos used in connection with the ManMoji Application may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION

Limitation of Liability

Notwithstanding any other provision of this User Agreement, ManMoji and its licensors reserve the right to change, suspend, remove, or disable access to any services, content, or other materials comprising a part of the ManMoji Application at any time without notice. In no event will ManMoji be liable for making these changes. ManMoji may also impose limits on the use of or access to certain features or portions of the ManMoji Service, in any case and without notice or liability.
ManMoji will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in this User Agreement will limit or exclude ManMoji liability to you for personal injury or death caused directly by ManMoji negligence.

Indemnification

By accepting this User Agreement and using the Service, you agree that you shall defend, indemnify and hold ManMoji, its affiliates, its licensors, and each of their officers, directors, other Users, employees, lawyers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) arising out of or in connection with:

  1. your violation or breach of any term of this User Agreement or any applicable law or regulation, whether or not referenced herein; and
  2. your use or misuse of the Service.

The information, recommendations and/or services provided to you is for general information purposes only and does not constitute advice. ManMoji will use reasonable endeavors to keep the ManMoji Application and its contents correct and up to date but does not guarantee that the contents of the ManMoji Application are free of errors, defects, corruption, hacking, malware and viruses or that the ManMoji Application is correct, up to date and accurate.
ManMoji shall not be liable for any damages resulting from the use of (or inability to use) the ManMoji Application (but to the exclusion of death or personal injury), including damages caused by malware, corruption, interference, hacking, viruses or any incorrectness or incompleteness of information or the ManMoji Application, unless such damage is the result of any willful misconduct or gross negligence on the part of ManMoji.
ManMoji shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with the ManMoji Application, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

  1. GOVERNING LAW AND JURISDICITION

This Agreement is governed by and must be construed in accordance with the laws of New South Wales and the Commonwealth of Australia.

You and ManMoji submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to this User Agreement, its performance or subject matter.

  1. DISPUTE RESOLUTION AND APPLICABLE LAW

You and ManMoji agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of this or previous versions of the User Agreement your use of or access to the services, or any products or services sold or purchased through the Service will be resolved in accordance with the provisions set forth in this legal disputes section.

You and ManMoji agree that any and all disputes or claims that have arisen or may arise between you and ManMoji relating in any way to this User Agreement or your use of the Application shall be resolved through informal mediation in accordance with the laws of New South Wales before entering into formal court proceedings.

Any further dispute, claim or matter of difference arising out of or relating to the Service or User Agreement is subject to the exclusive jurisdiction of the New South Wales courts.

  1. GENERAL TERMS

Entire Understanding

This User Agreement constitutes the entire agreement between you and ManMoji and governs your use of the Application and Service, superseding any prior agreements between you and ManMoji. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Variation of Agreement

ManMoji reserves the right at any time to modify the Terms of Use and to impose new or additional terms or conditions on your use of the ManMoji Application. Such modifications and additional terms and conditions will be effective immediately upon notice to you and incorporated into this User Agreement and the Terms of Use. Your continued use of the Application will be deemed acceptance of the modified Terms of Use.

Severability

If an arbitrator or court decides that any part of this User Agreement is invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts shall remain in full force and effect.

Notice

This User Agreement and any other agreements, notices or other communications regarding your account and/or use of the Application may be provided to you electronically. You agree to receive all communications from ManMoji in electronic form. Communications will be posted on our Application and/or sent to your primary email address.

  1. CONTACT US

If you have any questions, concerns or complaints, please contact us: admin@ManMoji.com.au.

21 August 2017