Moochies App and Moochies Devices Terms of Use

Moochies Trading Ltd and Moochies Technologies Ltd (‘Moochies’) provides a subscription service that allows our members to obtain and collect location and other data relating to connected devices over the Internet to certain Internet-connected mobile devices.

These Terms of Use (‘TOU’ or ‘Terms’) govern your use of the Moochies App and Moochies devices. As used in these Terms, ‘Moochies service’, ‘our service’ or ‘the service’ means the service provided by Moochies for discovering and using Moochies content, including all features, functionalities and user interfaces, as well as all content and software associated with our service, including the Moochies App (‘the App’).

The App and Moochies devices are provided to you by Moochies Technologies Ltd and Moochies Trading Ltd which are fully owned subsidiaries of Moochies Holdings Pty Ltd ABN 31 123 219 081.

1. Scope of License

1.1. Moochies grants to you a non-transferrable license to use the App on products that you own or control.

1.2. These Terms will govern any content, materials or services accessible from or purchased within the App as well as upgrades provided by Moochies that replace or supplement the original App.

1.3. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sub-license the App. You may not copy, reverse-engineer, dissemble attempt to derive the source code of, modify or create derivative works of the App.

2. Membership

2.1. To use the Moochies service you must have internet access, a mobile device and a current Moochies app.

2.2. Your use of the app will continue free-of-charge month-to-month until terminated.

3. Use of Data

3.1. You agree that Moochies may collect and use technical data and related information, including but not limited to technical information about your device, system and App software and peripherals that is gathered periodically to facilitate the provision of software updates, product support and other services related to the App. Moochies 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. More information on our use of data can be obtained from our Privacy Policy.

4. Moochies Service

4.1. You must be 18 years of age to become a subscriber of the Moochies service.

4.2. The Moochies service and any content viewed through the service are for your personal and non-commercial use only.

4.3. You agree to use the Moochies products and services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) content and information contained on or obtained from or through the Moochies service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Moochies service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Moochies service; insert any code or product or manipulate the content of the Moochies service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Moochies service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate the TOU or are engaged in illegal or fraudulent use of the service.

4.4. The quality of the display of the Moochies content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.

4.5. You understand and acknowledge that you are responsible for any User Content you submit or contribute and have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. In providing any User Content, you represent and warrant that (a) you own or control all rights in and to such User Content and have the right to grant the license granted above and (b) all of your User Content does and will comply with these Terms of Use.

5. External Services

5.1. The App may enable access to Moochie’s and/or third-party services and websites (collectively and individually ‘External Services’). You agree to use the External Services at your sole risk. Moochies is not responsible for examining and evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services.

6. Passwords and Account Access

6.1. The member who created the Moochies account (the ‘Account Owner’) has access and control over the Moochies account and the Moochies ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Moochies ready devices that are used to access the service and not reveal the password to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Moochies or our partners from identity theft or other fraudulent activity.

7. Warranties, Indemnity and Limitations on Liability

7.1. The Moochies service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free.

7.2. We do not warrant that the results that may be obtained from the App will be accurate and reliable.

7.3. In no case shall Moochies, our directors, employees, contractors and agents be liable for any injury, loss, claim or any direct, indirect, punitive, special or consequential damages of any kind arising from your use of the App or related services or for any other claim related in any other way to the use of the Moochies devices or App. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the lesser of the amount of the retail cost of the Moochies watch and the amount permitted by law.

7.4. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under Australian Consumer Law and under Consumer Laws of the United Kingdom.

7.5. You agree to indemnify, defend and hold harmless Moochies and our associated entities from any claim or demand including reasonable legal costs made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or by your violation of any law or the rights of a third party.

8. Class Action Waiver

8.1. Where permitted under the applicable law, you and Moochies agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Moochies agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

9. Acceptable Use

The Moochies App and Moochies devices are not intended to be:

• used for illegal tracking and monitoring of natural persons

• used by persons not authorized by the primary account holder

• used for the purposes of harassment or abuse

• used in restricted areas

• used to make personal gains or conduct personal business

• used in a way that could affect its reliability or effectiveness

• used in any way infringe any copyright, database rights, trademarks or other intellectual property

• used in any way that infringes this Agreement or for an unlawful purpose

Moochies App users must not:

• use Moochies devices in a way that infringes on the rights of the device user and others

• access, download, send or receive any data (including images), which are offensive in any way, including sexually explicit, discriminatory, defamatory or libelous material

• connect Moochies and their mobile devices to the internet using non-standard connections

• interfere or attempt to interfere in any manner with the functionality or proper working of the Moochies devices and app

• upload to the app, or use the app to store, process or transmit material in violation of third-party privacy or data protection rights

• use the app to store, process or transmit any malware. Malware means programming (code, scripts, active content, and other software) that is designed to disrupt or deny operation, gather the information that leads to loss of privacy or exploitation, or gain unauthorized access to system resources, or that otherwise exhibits abusive behaviour. Malware includes computer viruses, worms, trojan horses, spyware, dishonest adware, scareware, crimeware, most rootkits, or other malicious or unwanted software or programs.

• impersonate another person, misrepresent your affiliation with another person or entity, engage in fraud, or hide or attempt to hide your identity

• access any unauthorized part of the app or Moochies platform

• attempt to compromise the security of the app or Moochies platform in any way

• attempt to probe, scan or test the vulnerability of any part of the app or Moochies platform without proper authorization

Violation of this Acceptable Use Policy may lead to suspension or termination of the user’s account. In addition, the user may be required to pay for the costs of investigation and remedial action related to violations. Any criminal activities are subject to referral to law enforcement. Any harm to the app or Moochies devices caused by a violation of this Acceptable Use Policy may lead to legal action.

10. Miscellaneous

10.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Victoria, Australia or the laws of the United Kingdom, depending on the selected region and a place of residence.

10.2. Your use of the App is also subject to the Moochies Privacy Policy available at www.moochies.com/privacy

10.3. The Moochies service must never be solely relied upon the ensure the safety, whereabouts or location of the wearer of Moochies devices. Moochies makes no guarantees, representations or warranties regarding accuracy or reliability of location data and notifications. The accuracy of location varies from location to location and must never be solely relied upon to identify the location of the Moochies device wearer.

10.4. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Support section of our website (www.moochies.com). In the event of any conflict between these TOU and information provided by Customer Support or other portions of our website, these TOU will prevail.

10.5. Severability. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

10.6. Changes to Terms of Use and Assignment. Moochies may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

10.7. Electronic Communications. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

TERMS AND CONDITIONS OF SIM CARD AND USAGE

The customer agrees to only use the SIM card inside the watch for use in the Moochies watch. The SIM card is not designed to be removed and has been tailored specifically for the Moochies smartwatch. Any removal of SIM card voids all warranties.

1. Use of SIM card. The customer agrees as follows:

1.1 The customer agrees not to remove the SIM card from the Moochies watch.

1.2 The customer agrees not to use the SIM card in any other non-Moochies device.

1.3 The customer understands that it is prohibited for the Moochies SIM card to be used in a handset.

1.4 Should the customer breach points 1.1-1.3, the customer agrees that they will be liable for all costs incurred and cover Moochies on an indemnity basis.

2. SIM card billing. The Moochies SIM plans are designed to ensure continuous service and avoid suspension of service due to non-payment. The customer agrees as follows:

2.1 On signing up for a SIM plan on Moochies.com, the customer will provide credit card details and allows Moochies to hold these in encrypted form.

2.2 The customer agrees that if they exceed the data and/or calling allowance pack they have chosen, that Moochies will automatically provide a new pack on the same plan to ensure continuous coverage (‘Additional plan’). The customer agrees for Moochies to charge for this new package, which Moochies will debit from the credit card, which is held in encrypted form.

2.3 Any Additional Plan will run for 28 days from the date of that purchase, and renew every 28 days. This will replace the billing date of the original plan they purchased.