1. Please read the following Terms and Conditions before downloading the mozone software application (mozone), developed and owned by Leopard Labs Pty Ltd (ACN 123 141 319) (Leopard Labs).
2. After the downloading and installation of mozone onto a mobile phone, use of mozone is subject to these terms and conditions.
3. In these terms and conditions, a reference to a ‘Subscriber’ means the person applying to download mozone (and is responsible for paying all tax invoices received from a mobile carrier for the mobile phone on which mozone is downloaded). A reference to ‘User’ means the person making use of the mobile phone on which mozone is downloaded (and with whom a mobile carrier has a mobile phone plan). The Subscriber may be the same person as the User but need not be (i.e. a parent or employer may download mozone onto a child’s or employee’s mobile phone).
4. mozone operates to control website access, SMS, MMS and other mobile applications, such as a camera, on the mobile phone on which it is installed.
5. While mozone is designed to control mobile content, the Subscriber will bear the sole responsibility of evaluating the merits and risks associated with its use.
6. mozone may be used for either personal or business purposes but, each subscription for mozone may only be installed and used on one mobile phone.
7. Neither a User nor a Subscriber may make any copy of mozone or allow any third party to do so. Both the User and the Subscriber must take all reasonable precautions to prevent the unauthorised copying or use of mozone.
8. If the mobile phone on which mozone is installed is lost, stolen or given away, either the User or the Subscriber must immediately unsubscribe from mozone in accordance with clause 25.
9. Your mobile carrier may charge the Subscriber standard data charges when mozone is downloaded in accordance with the User’s mobile phone plan.
10. Your mobile carrier will charge the Subscriber standard data charges in accordance with the User’s mobile phone plan when mozone communicates with Leopard Labs (at least once per day when the phone is turned on), when mozone goes from a disabled to an enabled state or when the User is internet browsing.
11. At the time that the Subscriber downloads and installs mozone onto a mobile phone, the password and email address of the Subscriber is asked, and will be automatically provided to Leopard Labs. Only the Subscriber may use the password to authorise changes to the use of mozone by the User. Leopard Labs will use the email address to contact the Subscriber regarding the use of mozone.
12. mozone will operate free of charge for a trial period of 30 days from the date mozone is downloaded by the Subscriber onto a mobile phone (Trial Period). Standard data charges will apply during the Trial Period as per clause 10.
13. Within seven days before the end of the Trial Period, Leopard Labs will notify the Subscriber by SMS (to the mobile phone on which mozone is installed) and/or by email (to the email address provided by the Subscriber in accordance with clause 11) that the Trial Period is about to end. On receipt of such notice from Leopard Labs, the Subscriber will be given the option of either continuing to use mozone for a monthly subscription fee or unsubscribing from mozone in accordance with clause 25. If the Subscriber does not unsubscribe in accordance with clause 25, the Subscriber will be deemed to have elected to continue using mozone for a monthly subscription fee.
14. The monthly subscription fee charged by Leopard Labs for using mozone is $5 unless otherwise notified to the Subscriber by Leopard Labs in accordance with clause 15.
15. Leopard Labs may change the amount of the monthly subscription fee by giving 30 days notice to the Subscriber by SMS (to the mobile phone on which mozone is installed) and by email (to the email address provided by the Subscriber in accordance with clause 11).
16. The amount of the subscription fee for mozone will be invoiced by the Subscriber’s mobile carrier (as agent for Leopard Labs) and billed directly to the Subscriber’s prepaid mobile account or included in the invoice that the Subscriber receives from the Subscriber’s mobile carrier for the mobile phone on which mozone is installed.
17. Leopard Labs reserves the right to disable mozone at any time due to non-payment of subscription fees or at its discretion.
18. When Leopard Labs develops a new version, upgrade or other improvement of mozone (Improvement), it will notify the Subscriber by SMS (to the mobile phone on which mozone is installed) and by email (to the email address provided by the Subscriber in accordance with clause 11) to install the Improvement on the mobile phone on which mozone is installed. Old versions of mozone may not continue to be supported by Leopard Labs.
19. After mozone is downloaded and installed by the Subscriber on a mobile phone, and that mobile phone’s memory is re-formatted (even if accidentally), the Subscriber will have to download and install mozone again at the Subscriber’s cost. Re-formatting the mobile phone memory means deleting or corrupting any part of the phone’s firmware, software or mozone specific data required for mozone to run correctly.
20. Leopard Labs will provide technical and functional assistance to the Subscriber and the User in relation to the User’s use of mozone via the website www.leopardlabs.com/help and by way of an email help desk help@leopardlabs.com which will be (a) available between the hours of 9.00 am and 5.00 pm Monday to Friday AEST (Australian Eastern Standard Time); and (b) staffed by employees of Leopard Labs knowledgeable in the use of mozone.
21. Leopard Labs is the sole legal and beneficial owner of all intellectual property rights in mozone and in any Improvements.
22. Leopard Labs will not be liable (to the extent permitted by law) for any loss or damage that the Subscriber or the User suffers as a result of using mozone whether incurred directly or indirectly.
23. To the extent permitted by law Leopard Labs’ sole liability for breach of contract, breach of statutory duty, negligence, or other tort is limited at its option to (a) supplying of the services again; or (b) payment of the cost of having the services supplied again.
24. Leopard Labs does not warrant that mozone will filter all internet, SMS and MMS content access. Leopard Labs does not warrant that mozone will not interfere with your mobile phone’s normal functioning. Due to external factors over which Leopard Labs has no control, Leopard Labs does not warrant that mozone will always be operating and/or available for use by a User.
25. The Subscriber may unsubscribe from mozone at any time by sending an SMS stating ‘STOP” to 19997640. On receipt of such notice from the Subscriber, Leopard Labs will, within 3 days, unsubscribe the Subscriber from mozone and disable the User’s filtering within mozone.
26. Please direct all questions concerning these Terms and Conditions as well as any feedback regarding the use of mozone to Leopard Labs via email at help@leopardlabs.com