THIS AGREEMENT comes into effect on the date that you accept the terms of this agreement via your mobile or handheld device. PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Checkworkrights Pty Ltd (Licensor, us or we) for: Checkworkrights visa checking software (App).
We licence the use of the App to you on the basis of this EULA and subject to any rules or policies applied by the Google Play or Apple iTunes application stores from whose sites, and (Appstores), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App and associated software, content and related services at all times.
Operating system requirements This App requires an Android or Apple iPhone device with a minimum of 1GB of memory with Internet access.
By downloading the App from this website or clicking on the “Accept” button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, limitations on liability as detailed in this agreement.
If you do not agree to the terms of this licence, we do not license the App to you and you must stop the downloading or streaming process (as applicable) now.
You may wish to print a copy of this EULA for future reference.
The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may apply in addition to the terms of this EULA.
We may change these terms at any time by sending you an EMAIL with details of the change/s or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and its services.
From time to time updates to the App may be issued through the Appstores. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. The owner or user may be charged by the device’s service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
download or stream a copy of the App onto an Android or iPhone device and to view, use and display the App on the Devices for your personal purposes only.
You accept to pay the applicable licence fees for use of the App, which may be changed from time to time.
You will be notified and your consent sought of further additional services being provided.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
You expressly acknowledge and agree that use of the App and any Documents and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
To the maximum extent permitted by applicable law, the App and Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App or Documents, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
We provide no warranty or indemnity in relation to use of the App or Services for the purpose of complying with any Government or legal requirements in relation to your visa or visa status.
We supply the App for private, commercial, or business use, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the license fees paid in the previous 3 months.
We are not liable for any loss as a result of the App’s inability to operate as a consequence of reliance on 3rd party software or services.
We are not liable for any action taken by Government or legal authorities against you as a result of you or an individual who you have used the app to check being identified and or located through the App’s use of the Department of Immigration’s Visa Entitlement Verification Online (VEVO) tool.
We may terminate this EULA immediately by written notice to you:
On termination for any reason:
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control), or interruption or otherwise an inability to utilise VEVO.
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by Australian law. You agree that laws as in force in the state of Victoria, Australia will apply in the event of a dispute that cannot be resolved mutually between both parties.
Updated: July 24, 2018