.svg){kind=small}
.png){kind=icon}
Mobile-Only Custom Subscription Service
Terms and Conditions
Standards Australia Limited
- These terms apply to the Mobile-Only Custom Subscription service.
- 1. General
- 1.1 Important information: The MOCS is delivered through the Mobile App as Pilot for a limited duration. Standards Australia does not guarantee that the MOCS will be free of disruption or error. Standards Australia may need to suspend the MOCS during the Subscription Term without notice to carry out scheduled maintenance to fix faults, defects or other irregularities that occur. The MOCS may be unavailable from time to time, and occasional disruptions and outages may occur. Standards Australia may withdraw the MOCS from distribution at any time but will continue to be bound the terms of this Agreement for the duration of the Subscription Term
- 1.2 These MOCS Terms are additional to the general Terms and Conditions, and prevail in the event of any conflicts with the provisions of the general Terms and Conditions.
- 1.3 Capitalised terms have the same meaning as provided in the general Terms and Conditions, unless specifically defined in this Agreement.
- 1.4 For the purposes of this Agreement, the definition of a ‘Service’ under the general Terms and Conditions includes MOCS.
- 2. Term
- 2.1 The Agreement commences upon a valid online order and payment made by the Customer and continues for duration of the Subscription Term, unless terminated earlier as permitted under this Agreement.
- 2.2 Standards Australia is not obliged to offer any renewal term on expiry of the Subscription Term.
- 3. Order and Content Selection
- 3.1 The Customer is entitled to the number of Content Licences set out in the MOCS product information page to access the Content.
- 3.2 During the Pilot the Content available to Customers for selection through the MOCS is set out in the MOCS product information page, subject to clause 5.1.
- 3.3 At the time of placing an order, the Customer shall select at least one publication to complete the order. It is the sole responsibility of the Customer to select publications based on their own needs.
- 3.4 Once a publication has been selected, a Content Licence is expended and it cannot be changed out for another publication.
- 4. Licence
- 4.1 In consideration of the payment of Fees (including in accordance with clause 4.4), and subject to clause 4.4, Standards Australia grants the Customer (being a natural person) a non-exclusive, non-transferrable, non-sublicensable, limited licence to access the MOCS and the Content of the Digital Products for the duration of the Subscription Term. This licence is a personal licence granted to the individual Customer and may not be transferred or assigned without the written consent of Standards Australia.
- 4.2 The Customer:
- (a) can only access the Content in the MOCS via a Mobile App and on one (1) mobile device at a time (i.e. use on concurrent devices is not permitted); and
- (b) may add bookmarks to the Content.
- 4.3 The Customer is not permitted to:
- (a) copy the whole or any part of the Content;
- (b) print, save or print screen the Content;
- (c) reproduce, distribute, communicate or grantaccess to the MOCS or the Content to any other person;
- (d) upload, store or use the Content on aNetwork.
- 4.4 Upon the termination or expiry of the MOCS, the Customer will no longer have access to the MOCS, Content in the Mobile App, Products or updates included in the MOCS.
- 4.5 Any bookmarks made by the Customer on or in relation to the Content within the Mobile App may be deleted upon the termination or expiry of the Subscription Term. Uninstalling the Mobile App will also cause deletion of all bookmarks.
- 5. No Warranties and Liability
- 5.1 In addition to clause 19 of the general Terms and Conditions, Standards Australia does not warrant that the MOCS Pilot will be successful or progress as a permanent offering, nor does Standards warrant that any additional Content or Content Licences beyond the number provided during the initial purchase, or any additional features or functionality will be made available to Customers during the Pilot.
- 5.2 Standards Australia’s total aggregate liability to the Customer will in no instance exceed 2 times the fees paid by the Customer in the preceding 12 months of any claim, to the fullest extent permitted by law.
- 5.3 The Customer indemnifies Standards Australia on a full indemnity basis against any third-party claims arising in connection with this Agreement or the Customer’s use of the MOCS.
- 6. Suspension and Termination
- 6.1 Standards Australia may, at any time it considers necessary for the purposes of the Pilot, suspend a Customer’s access to the Mobile-Only Custom Subscription Service.
- 6.2 If suspension pursuant to clause 6.1 extends beyond 30 days, the Customer may terminate this Agreement and is entitled to a pro-rated refund for fees paid, calculated from the date of when the suspension was implemented.
- 6.3 Standard Australia may terminate this Agreement for convenience at any time by providing written notice to the Customer, and the Customer is entitled to a pro-rated refund of fees paid, calculated from the date of termination.
- 6.4 Customers are not entitled to refund of any fees paid, except as provided in the above clauses 6.2 and 6.3, or unless this Agreement is terminated solely due to the default of Standards Australia.
- 7. Definitions
- (a) Agreement means this MOCS Terms and general Terms and Conditions available at (https://www.standards.org.au/terms-and-conditions) together with any order form documentation a Customer is required to complete.
- (b) Content means any Standards Australia publication available via the MOCS.
- (c) Content Licence means an individual licence unit that enables a Customer to select one publication per Content Licence.
- (d) Customer means and individual natural person who transacts with Standards Australia to purchase a Mobile-Only Custom Subscription.
- (e) Mobile-Only Custom Subscription (MOCS) means a new Custom Subscription offering provided by Standards Australia
- (f) MOCS Terms mean the terms and conditions contained in this document.
- (g) Pilot means a trial service for a limited period which is provided subject to all defects and failures in functionality and continuity, and where Standards Australia may need to modify, update, or discontinue the Service at any time on a permanent or interim basis.