| 1. Your Acceptance|
Thank you for choosing to use the NALscribe application (App). The App provides transcription and captioning from audio input through a compatible computer, mobile phone or tablet devices (Device). The App is intended to assist individuals with hearing loss to understand speech in situations where they may have difficulty.
By using or accessing the App, you agree to these terms and conditions of use (Terms). If you do not agree with these Terms, do not download the App and if you have already downloaded it, stop using and uninstall this App immediately.
These Terms form an agreement between Australian Hearing Services ABN 80 308 797 003 through its research division, the National Acoustic Laboratories (NAL, us, we, or, our) and the person or entity agreeing to these terms and/or using the App (you). If you are agreeing to these Terms not as an individual but on behalf of your company, then “you” means your company, and you are binding that company to these Terms.
3. Amendments to these Terms
We can vary these Terms from time to time, including any referenced policies and other documents, by either notifying you in writing, updating the terms in the App store or by posting revisions on our website (www.nal.gov.au) (Website). Please check the Website periodically for any such changes. Your continued use of the App following such change confirms your acceptance of the revised Terms.
4. Limits on use and changes to the App
We may establish limits concerning the use of the App. Additionally, the App may change over time as we refine and add or change features. We reserve the right to modify, limit, suspend or discontinue, temporarily or permanently, the App at any time with or without notice. We may also remove any functionality from the App at our discretion.
5. Your License
Subject to these Terms, NAL grants you a non-exclusive, non-transferable revocable licence to use the App for non-commercial purposes for transcription and captioning from audio input through a Device owned or controlled by you.
Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (nor may you authorise any third person to): (i) rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the App to a third party; (iii) reproduce, modify, adapt, create derivative works of, the App; (iv) reverse engineer, disassemble, decompile, transfer, exchange or translate the App or otherwise seek to obtain or derive the source code or API; (v) remove or tamper with any disclaimers or other legal notices; (vi) combine the whole or any part of the App with any other software, data or material; (vii) store or use any part of the data you do not own in an archival database or other searchable database; (viii) interfere with or disrupt the App or servers or networks connected to the App; (ix) breach or otherwise circumvent any security or authentication measures; (x) introduce any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or any other computer code, files or other programs including that may that interrupt, destroy or limit the functionality of the App or the services and site of any third party. You must promptly notify us in writing of any breach of these conditions of use.
6. Your content
Transcriptions are not always accurate or error-free and may not reflect the words or intent of the speaker. Accuracy may be impacted by a number of factors outside of our control. You agree not to use the App in situations where accurate and secure transcription is important. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of the App, including to confirm the accuracy of Your Content and any reliance you place on the accuracy, completeness, or usefulness of Your Content and/or the App.
7. Authorised Use
Without limiting anything else in these Terms, you must ensure that Your Content and your use of the App: (i) is in compliance with these Terms; (ii) complies with all applicable laws and regulations (including with respect to privacy, and any need to obtain the requisite consent of participants providing audio for transcription; (iii) is only used on a non-commercial basis for the purposes of transcribing your conversations; (iv) is not used to distribute unsolicited communications, advertising or marketing; (v) is not obscene, threatening, offensive, harmful, of bad taste, defamatory or inappropriate; (vi) is not false, misleading or inaccurate, or otherwise in contravention of any consumer protection legislation; and (vii) does not infringe any third-party’s intellectual property rights. If we believe you have violated these Terms, your right to use the App may be restricted and/or we may terminate your right to use the App in our discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App, provided by you are non-confidential and we will be entitled to the unrestricted use and dissemination of these questions, comments, suggestions, ideas, feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. Intellectual Property Rights
You agree that all intellectual property of any sort in or associated with NAL and/or the App, including all code, libraries, programs, software, documentation, content, databases, systems, logos and trademarks are owned either directly by us or by our licensors. You are not authorised to use any of our intellectual property except as is expressly allowed under these Terms.
We will use reasonable efforts to make the App available. However, the App is provided over the internet and mobile networks and may be affected by factors outside our reasonable control and may not always be available. We do not accept any responsibility for any unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable. We will not be responsible for any support or maintenance for the App. Similarly, we will not be responsible if you are unable to access any of Your Content from Your Device.
By using the App, you acknowledge that it is your sole responsibility to ensure the confidentiality and security of Your Content and your Device. You understand that use of the App involves transmission of your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted or stored across such networks. You are responsible for the security of your Device. We cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.
The App is currently made available to you free of charge. We reserve the right to amend or withdraw the App, or charge for the App or service provided to you in accordance with these Terms, at any time and for any reason. We may also implement an in-app advertising model at any time in the future. If you access other NAL services, depending on the relevant services, you may need to pay for those services.
You acknowledge that the terms of agreement with your respective mobile network or internet provider (Mobile Provider) will continue to apply when using the App. 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 App or any such third party charges as they may arise. You accept responsibility for any such charges that arise.
13. Disclaimer, limitation on liability and indemnity
Except as expressly stated in these Terms, we do not make any representation or warranty (express or implied) in respect of the App or the transcription results from your use of the App, or any other goods or services provided by NAL to you, including, without limitation, any implied warranty: (i) of accuracy or merchantability; (ii) of fitness for a particular purpose; (iii) arising from a course of performance, course of dealing, or usage of trade; (iv) of non-infringement of third party rights; or (v) against hidden defects. The App and the transcription results from your use of the App are provided on an “as is”, “with all faults” and “as available” basis and without any further warranties of any kind. We make no warranty that operation of the App or any Materials will be uninterrupted or error free or that all defects will be corrected.
Without limiting the above, you acknowledge that:
· you are using the App at your own risk;
· you are solely responsible for determining the extent to which you rely on the App and for verifying the correctness of any transcriptions; and
· you have not relied on any representation in ordering the App or any goods and services from us.
To the maximum extent permitted by law, we exclude completely all liability whatsoever for any claims, liability, loss or damage of any kind however caused (including negligence) arising out of or in connection with any goods or services provided by us including the App and its access, use or performance.
Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, the App or any Materials.
To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply. Notwithstanding the above, to the maximum extent permitted by law, in no event shall our aggregate liability for any claims arising out of or related to these Terms exceed fifty Australian dollars (A$50).
You agree to indemnify NAL and its related parties, officers, agents and employees (Indemnified Parties) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to: (i) your use of the App or the results of any transcription using the App; (ii) a breach of these Terms by you; and (iii) your breach of any applicable law.
14. Term and Termination
The licence granted by these Terms will become effective upon your use and/or installation of the App and will continue in effect until terminated in accordance with these Terms. We may at any time (without prejudice to our other rights or remedies) immediately terminate, suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. Upon any termination, (a) the rights and licenses granted to you terminate; (b) you must immediately cease use of the App; and (c) you must delete all copies of the App and undertake not to attempt to access the App after the date of termination.
These Terms are governed by the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
If any provision of these Terms is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the Terms shall be construed in a manner as to give greatest effect to the original intention of these Terms.
The waiver of any right or failure of either of us to exercise in any respect any right provided in these Terms in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any right under these Terms.
We will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, pandemic and internet disturbance) that was beyond our reasonable control (Force Majeure).
Your use of any App store or website or software that is not provided by us to access or download the App shall be governed by the terms and conditions applicable to that App Store, website or software. We are not responsible for any consequences resulting from the use of such App Store website or software, including but not limited to any damage to your property, including the Device, or the transfer of any computer virus or similar malicious code, except to the extent such consequences are caused by the App.
Any notices to you may either be posted on the Site or given in writing (which may be by email) to the address last notified by you to NAL. Any notices to NAL, and any questions, concerns or complaints relating to the App shall be in writing and addressed to: email@example.com
You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
These Terms and any rights and licenses granted hereunder, must not be transferred or assigned by you without our prior express written consent. We may, without restriction, assign these Term and our rights and delegate our obligations hereunder to: (i) any of our affiliates or subsidiaries, or (ii) a third party participating in a merger, acquisition, sale of shares or assets, change of control, corporate reorganization or similar transaction in which NAL is participating.
In respect of the subject matter of the Terms, the Terms contain the entire understanding between the parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the parties has relied entirely on its own enquiries before entering into the Terms.