Cloud Phone App Terms and Conditions
- These terms explain how the Cloud Phone Application (the app) works. The app forms part of the Spark Cloud Phone service. Your use of it is governed by these terms and the Spark Cloud Phone terms and conditions
- Spark may be referred to in these terms as we, ours or us
- By downloading the app, you understand and agree to these terms
- These terms prevail where they are inconsistent from other terms
Subject to these terms, we're giving you a limited licence to use the app on a single device. A device is defined as a personal computer or mobile device. The licence is personal, non-exclusive, non-transferable and non-sublicensable.
The licence given within these terms is solely for non-commercial purpose and doesn't transfer any rights in the app to you.
- You ensure the app (including its software and documentation) is not copied in any form. You're aware that the app contains valuable trade secrets and information that belong to us (and others). You agree that you'll take steps to protect it from unauthorised access, disclosure and use.
- You won't rent, lease, sell, sublicense, assign, transfer, commercially use or exploit the app, or any accompanying printed materials, without permission from us
- You won't, nor allow others to:
- Use the app for any illegal activity
- Use the app in a way that is contrary to this agreement
- Do any of the following to any element of source code, processes, methods or techniques embodied in the app:
- Reverse engineer
- Attempt to get around or modify any security technologies included in the app
- You won't use the app in breach of any applicable laws or regulations
- You'll prevent unauthorised use of the app. For example:
- PIN numbers
- Toll barring options
- Other security measures to control who can access and use your app
The app is free to download. Your usual data charges will apply to your use of the app. If you're roaming overseas, any data used will be charged at the applicable roaming rate.
Intellectual property rights
- We (and our suppliers) own all intellectual property rights (including copyright) in relation to this app. You have only the right to use the app and mustn't use the software and documentation other than as part of the app. Nothing in this agreement gives you any rights to the source code of the app.
- You agree to indemnify us from any of the following resulting from your use of the app in violation of another party's right or any law:
- Expenses (including attorneys' costs)
Availability of service, security and maintenance
We've made all fair efforts to ensure that the app will be properly provided to you. However, we don't represent, warrant or guarantee:
- The suitability, completeness, accuracy or currency of anything accessed via the app
- The app will meet your requirements
- The app will be any of the following:
- Free of viruses
- Free from intrusions
- Free of other harmful components
Modification and termination
We may change, add or remove any part of this agreement, or any features or functionality of the app, at any time. Any changes shall become part of the agreement and shall apply immediately. By continuing to use the app after the change, you're indicating your acceptance of those changes. We may stop providing the app (or any part of it) at any time without notice. You may stop using or remove the app from your device at any time without notice.
- We collect and use personal information for the following reasons:
- To deliver services and information in the app
- To understand your experience with it and how we can improve it
- To give you notices or updates
- Our Spark Digital General Terms have more information about how we handle personal information, and how you can access it. Spark Digital General Terms
- We may collect and use technical data and related information. This is including but not limited to information about your device, system and application software. It's gathered to assist with the following:
- Software updates
- Product support
- Other services related to the app.
- We may use this information, including sharing it with third parties. This is to improve our products and provide services or technologies to you.
Exclusions and limitations
- The app is provided as is without warranty of any kind. Where the law allows, we and our suppliers further disclaim all warranties, including the following:
- Any implied warranties of merchantability
- Fitness for a particular purpose
- Informational content
- System integration
- The entire risk coming from the use or performance of the app and documentation stays with you
- Under no circumstances shall we, or our suppliers or agents be liable for any damages of any character resulting from your use of the app. This includes those that are:
- This includes, without limitation, the following:
- Damages for loss of goodwill
- Work stoppage
- Computer failure or malfunction
- Any and all other commercial damages or losses coming from your use or access to the app
- This also includes if we've been informed of the possibility of such damages, or for any claim by any other party whether or not the possibility of such damages could have been fairly foreseen.
- In addition to the above, the exclusions and limitations on our liability that are set out in our Spark Digital General Terms also apply. Spark Digital General Terms
- The app isn't a replacement for your mobile or fixed phone. You must make other communication arrangements to ensure that you can make emergency calls if needed.
- We will not be liable for any claim, damage or loss due to:
- Your inability to use the app to contact emergency services
- Your failure to make other arrangements to access emergency services
Compliance with law
You must comply with all of the following when using the app:
- Applicable laws