By downloading, browsing, accessing or using the BOA Application (Mobile Application), you agree to be bound by these terms and conditions of use (Terms). We reserve the right to amend the Terms at any time. If you disagree with any of the Terms, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute your acceptance of the Terms , as amended from time to time.
2. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
2.1 Applicability of the Terms: The use of the Mobile Application is subject to the Terms.
2.2 Location: The Mobile Application is intended solely for use by users who access the Mobile Application in Australia.
2.3 Prevention on use: We reserve the right to prevent you from using the Mobile Application and or the services provided by the Mobile Application (or any part of them) at any time, at our sole discretion, without notice.
2.4 Equipment and Networks: The provision of the Mobile Application does not include the provision of a mobile telephone or any handheld device or other necessary equipment to access the Mobile Application . To use the Mobile Application you will require internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
2.5 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.
3. YOUR OBLIGATIONS
3.1 Merchant terms: You agree to (and shall) abide by the Terms.
3.2 Accurate information: You warrant that all information provided during the registration process for services provided by the Mobile Application and subsequently contained under your account tab (Account) is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in the Account.
3.3 Prohibitions in relation to usage of the Mobile Application (and or any services provided by it): Without limitation, you undertake not to use or permit anyone else to use the Mobile Application:
3.3.1 to send or receive any material which is not civil or tasteful;
3.3.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
3.3.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
3.3.5 to cause annoyance, inconvenience or needless anxiety;
3.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
3.3.7 for a purpose other than which we have designed them or intended them to be used;
3.3.8 for any fraudulent purpose;
3.3.9 other than in conformance with accepted internet practices and practices of any connected networks;
3.3.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
3.3.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
3.4 Prohibitions in relation to usage of the the Mobile Application: Without limitation, you further undertake not to or permit anyone else to:
3.4.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
3.4.4 execute any form of network monitoring which will intercept data not intended for you;
3.4.5 extract data from or hack into the Mobile Application;
3.4.6 use the Services or Mobile Application in breach of the Terms;
3.4.7 engage in any unlawful activity in connection with the use of the Mobile Application; or
3.4.8 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application.
4. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION
4.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the services provided by the Mobile Application or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions.
4.2 We do not warrant that your use of the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that, we will try to allow uninterrupted access to the Mobile Application, however, access to the Mobile Application or certain services provided by it, may be suspended, restricted or terminated at any time.
4.3 We do not give any warranty that the Mobile Application is free from viruses or anything else which may have a harmful effect on any technology.
4.4 We reserve the right to change, modify, substitute, suspend or remove, without notice, any information on the Mobile Application from time to time. Your access to the Mobile Application may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information from the Mobile Application at any time.
4.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of the Terms.
5. SUSPENSION AND TERMINATION
5.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, in contravention of the Terms, we may suspend your use of the Mobile Application.
5.2 If we suspend the Mobile Application, we may refuse to restore the Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of the.
5.3 Without limitation to anything else in this Clause 5, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend any services and/or the Mobile Application; (b) suspend your use of any of the services provided by the Mobile Application; and/or (c) suspend the use of the Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
5.3.1 you commit any breach of the Terms;
5.3.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of the Terms; or
5.3.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
5.4 Our rights under this Clause 5 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
6. DISCLAIMER AND EXCLUSION OF LIABILITY
6.1 The Mobile Application, the information and services part of the Mobile Application, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
6.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions relating to the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
6.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
6.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
6.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Mobile Application and the services offered by the mobile application, your access to, use of or inability to use the Mobile Application or the services offered by the Mobile Application, reliance on or downloading from the Mobile Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
6.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms. For the purposes of the Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
6.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
6.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Mobile Application, (b) any other party’s use of the Mobile Application using your user ID, verification PIN and/or any identifier number created by or provided by us to you in relation to the Account, and/or (c) your breach of the Terms, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
8.INTELLECTUAL PROPERTY RIGHTS
8.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
8.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
8.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
9.1 We may periodically make changes to the content of the Mobile Application, including description and prices of goods and or services, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
9.2 We reserve the right to amend the Terms from time to time without notice. The revised Terms will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
10. APPLICABLE LAW AND JURISDICTION
10.1 By accessing the Mobile Application both you and we agree that the laws of Australia, , will apply to all matters relating to the use of the Mobile Application.
10.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Australia in respect of any dispute arising out of and/or in connection with the Terms.
Information Collection and Use
We may collect information about the devices you use to access our Mobile Application, including hardware models, operating systems, OS versions and unique device identifiers.
When you use our Mobile Application, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity.
When you use our Mobile Application, we may require you to provide us with contact list and image information.
BOA uses the information it collects to personalise, maintain and improve its products and services, to help maintain the safety and integrity of the Mobile Application by preventing fake and fraud accounts, assist you when you contact our customer support team, and to investigate or address claims or disputes to your use of the Mobile Application, or as otherwise allowed by applicable law.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
The Mobile Application may use third party code and libraries that use “cookies” to collect information and improve their services, such as authenticating users and remembering user preferences and settings. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of the Mobile Application.
BOA may share your information if it is so required by applicable law, regulation, operating agreement, legal process or governmental request, and if we notify you and you consent to us so doing.
Information Retention and Deletion
BOA retains your information while the Account remains active, unless you ask us to delete your information or the Account.
Subject to the exceptions described below, BOA deletes your information upon request. Subject to applicable law, BOA may retain information after the Account is deleted if:
- there is an unresolved issue relating to the Account, such as unresolved claim or dispute;
- BOA required to retain it by applicable law; or
- it is necessary for our legitimate business interests, such as fraud prevention and enhancing user’s safety and security.
Objectionable Content and Behaviors
BOA does not tolerate any objectionable content or behaviors as defined by Google Play’s User Generated Content policy. We reserve the right to remove any content or suspend or terminate any user account that violates this policy, including but not limited to, hate speech, harassment and bullying, nudity and sexual content, violence and graphic content, and illegal activities.
We also encourage our users to report any objectionable content or behavior to us so that we can take appropriate action. Our team will review all reports and take necessary actions to ensure that our platform remains a safe and welcoming space for all users.
Contact List Access and Use
In compliance with Google Play’s User Data Policy, our social media application seeks to enhance user experience by facilitating connections with friends, family, and colleagues. To achieve this, we may request access to the user’s device contact list, solely for the purpose of providing personalized suggestions for potential connections within the application.