Terms Of Use

MOGOplus MOBILE SECURITY SOFTWARE

 

Mogoplus Pty Ltd (“Mogoplus”) provides, markets and sells MOGOplus, a mobile software program to individuals, financial institutions and other businesses.  MOGOplus allows end users to enter, encrypt and store confidential and sensitive data, such as passwords and other credentials, on mobile devices for the purpose of accessing secure websites. Mogoplus also aggregates important data collected from secure websites, such as account balances, to provide end users with an overview of their data. Data that is sensitive and critical to end users (e.g. Bank Account Numbers and balances, Website Login ID’s / Passwords, Vendor Account Numbers, Financial Routing Information, Private Phone Numbers, Alarm Codes, Social Security Numbers and Confidential / Privileged Notes) never leaves the user’s device and is not shared with Mogoplus Pty Ltd or any other third party. MOGOplus utilizes strong encryption techniques and a distributed security architecture to protect users’ sensitive data.  MOGOplus is referred to as “MOGOplus”, “MOGO+,” the “System” or “Software”.

The following are the terms of use for your subscription to MOGOplus and your use of the Software.  By using MOGOplus software you accept these terms and conditions.

1. Copyright, Patent and Trademark Information

Copyright © 2013 Mogoplus. All Rights Reserved. Patents applied for and pending. MOGOplus, and the information which it contains, is the property of Mogoplus Pty Ltd and is protected from unauthorized copying and dissemination by Australian copyright law, trademark law, international conventions and other intellectual property laws.  By way of example only, and not as a limitation, “MOGOplus”, “Mogo+” and the Mogoplus logos are registered trademarks of Mogoplus, under the applicable laws of Australia and/or other countries.  Other Software or service names or logos appearing in the Software are either trademarks or registered trademarks of Mogoplus, and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of Mogoplus’s trademark or other intellectual property rights concerning that name or logo.

2. Acknowledgements

In each instance, subject to the terms listed in the remainder of these terms of use, you acknowledge and agree that:

a. The Software may only be used for lawful purposes.

b. The Software is free to operate on a single mobile device.

c. You understand that upon using the Software, you will be required to create a “Master Password.” The Master Password will be used by you and only you. You agree to not share your Master Password with any employee, agent, officer or director of Mogoplus.  You agree that your Master Password will be of equal or greater length and complexity as required by the institutions and/or websites that you will access using the Software.

d. Mogoplus will not under any circumstances have access to your Master Password or the data stored in Mogoplus.

e. If you lose or forget your Master Password, Mogoplus will not be able to assist you in gaining access to your data since Mogoplus does not have access to or knowledge of your Master Password. It is imperative that you do not forget your Master Password since this is required to gain access to the Mogoplus Software.

f. Mogoplus will keep a record of your email address and your answer to a security question. This information will be used only for the purpose of disabling the Mogoplus Software in the event that you request Mogoplus to do so due to loss or theft of your mobile device.

g. All users of the Software are required to adopt and maintain the Privacy Policy, which may be modified by Mogoplus from time to time.

3. Software and Support

MOGOplus requires an internet connection to function on Apple iOS or Android software platforms. You are responsible for all charges payable in respect of such internet connection. Your information in MOGOplus is held securely using “3 key triple DES” encryption with 3×56 = 168 bit keys to encrypt your data on your mobile device. Mogoplus employees do not have access to your records. We cannot help you retrieve your data if you forget your Master Password.

The Software is provided by Mogoplus and its third party licensees and contributors “as is” without any express or implied warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose.  These terms of use, any guidelines, rules or operating policies may be amended by Mogoplus from time to time including without limitation Mogoplus’s Privacy Policy, as linked from email generated by Mogoplus.   By posting updated versions of the terms of use on Mogoplus’s website at www.mogoplus.com and by sending notice to you by email to your registered email address, Mogoplus may modify the terms of use and may discontinue or revise any or all other aspects of the Software in its sole discretion.  All such changes become effective upon the posting of the revised terms of use of the Software at the Mogoplus website and by sending notice to you by email at your registered email address.  The Software is available only to persons who can form legally binding contracts under applicable law.  Without limiting the foregoing, the Software is not available to individuals under the age of 18.  If you do not qualify, you are not permitted to use the Software.  If you are using the Software in your capacity as an employee under an administered program for use of the Software, you must have authorization to use the Software.  You may, from time to time, provide Mogoplus’s service personnel with remote access to view your computer screen only for the purpose of troubleshooting issues that arise in your use of your Software.  Mogoplus will not under any circumstances have access to your Master Password or your data.  You waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Mogoplus or its employees.

4. Right to Disable Access

Mogoplus may immediately disable your access to the Software if Mogoplus believes in its sole discretion that you have violated any of the policies listed above or elsewhere in these terms of use.

5. Restrictions and Responsibilities

5.1. No Rights in Software

These terms of use govern your access and use of the Software.  You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Software or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Software; modify, translate, or create derivative works based on the Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software.

Unless you are an authorised reseller of the Software, you may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by Mogoplus in connection with the Software.  Violation of these restrictions may result in the termination of your right to access and use the Software.

5.2. Permitted Use of the Software

You agree to use the Software for your internal business purposes only

5.3. Compliance with Laws; Monitoring

You shall use the Software only in compliance with these terms of use.  You agree to not use this Software as a means or in a manner that violates any federal or state laws.

5.4 Your Information

In using the varied features of the Software, both existing and planned, you may provide information about yourself (such as name, contact information, or other registration information) to Mogoplus. Mogoplus may use this information and any technical information about your use of the Software to tailor its presentations to you, facilitate your movement through the Software, or communicate separately with you. If you licensed the Software as a result of solicitation by a marketing partner of Mogoplus, Mogoplus may share your information with the marketing partner and the marketing partner may share related information with Mogoplus.  Mogoplus will not provide your contact information to companies you have not authorized for that purpose unless required by law.

5.5. Intellectual Property Rights in Your Content

You agree that you will not upload or transmit any contact lists, communications or content of any type to Mogoplus or in connection with the Software that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to our web site or using them in connection with the Software, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Mogoplus or to any third party using the Software, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Mogoplus by email, you agree such submission is non-confidential for all purposes. If you make any submission to Mogoplus or if you submit any business information, idea, concept or invention to Mogoplus by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Mogoplus a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.

5.6. Security Notification & Disclosure Policy

Mogoplus takes extensive measures to protect and safeguard its internal infrastructure, Software, intellectual property, stakeholders and its customers. Please read our Privacy Policy. If you are a security researcher or security expert, please be advised that any notifications made to Mogoplus by you, involving a purported security vulnerability of our Software and/or infrastructure will be investigated and acted upon swiftly for timely remediation. Please contact us at support@mogoplus.com.

The unauthorized access to Mogoplus’s systems, Software and/or a user’s device which runs Mogoplus is prohibited. Furthermore, the threat of disclosing or actual disclosure of any purported weakness, security flaw or degradation of our Software or systems (which are proprietary and property of Mogoplus) in a public forum – is prohibited.

If we determine that an entity or individual has attempted to reverse engineer, enter, infiltrate or breach our Software, infrastructure and/or a user’s device (which could include a breach or weaknesses in an operating system created by or utilized by one of our strategic OEM partners), we will take such action as to protect our rights.

6.            Liability

6.1           The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude.   Nothing in these terms of use can exclude or restrict the application of such laws but, to the extent that it can under these laws, Mogoplus does not give any guarantee or warranties or make any representation of any kind, express or implied.  Subject to claims available under consumer protection laws, Mogoplus is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly..

6.2          Mogoplus reserves the right to do the following, at any time, without notice:

1.     Modify, suspend or terminate operation of or access to the Mogoplus website, or any portion of the Mogoplus website, for any reason;

2.     Modify or change the Mogoplus website, or any portion of the Mogoplus website, including prices, and any applicable policies or terms; and

3.     To interrupt the operation of the Mogoplus website, or any portion of the Mogoplus website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

7.            Indemnity

7.1          You must indemnify and hold harmless Mogoplus or its employee’s, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

a)     any breach by you of these terms of use; or

b)    reliance by you on any information obtained through the Mogoplus website.

7.2          You agree to defend, indemnify and hold harmless Mogoplus, its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable solicitors’ fees) in connection with any claim or action that (i) arises from any alleged breach of these terms of use, (ii) arises from the content or effects of any messages you distribute using the Software or (iii) otherwise arises from or relates to your use of the Software.  In addition, you acknowledge and agree that Mogoplus has the right to seek damages when you use the Software for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these terms of use, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

8.            Links to Third-Party Web Sites

This Software permits users to link to non-Mogoplus, third-party web sites.  These links are provided to you as a convenience, and Mogoplus is not responsible for the content of any linked web site.  Any non-Mogoplus web site accessed using Mogoplus Software is independent from Mogoplus, and Mogoplus has no control over the content of that web site.  In addition, a link to any non-Mogoplus web site does not imply that Mogoplus endorses or accepts any responsibility for the content or use of such web site.

9.            No Implied Endorsements

In no event shall any reference to any third party or third party Software or service be construed as an approval or endorsement by Mogoplus of that third party or of any Software or service provided by a third party.

10.          Your Master Password

You are responsible for maintaining the security of your Master Password and credentials entered, imported and exported using the Software.  Mogoplus has no knowledge of your Master Password and will not ask or be permitted to ask for your Master Password. You agree to not issue your Master Password to any third parties and shall not, under any circumstances, issue your Master Password to any customer support representative of Mogoplus in the event you contact Mogoplus for Software assistance.  Mogoplus shall not be responsible for the actions of any individuals who misuse or misappropriate your information or other any of your assets using your Master Password or the information stored in MOGOplus.

11.          Privacy Policy

Mogoplus’s Privacy Policy is located at www.mogoplus.com. By using our Software, you accept and agree to all terms, provisions and conditions of our Privacy Policy.

12.          Miscellaneous

12.1        If any provision of these terms of use are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms of use will otherwise remain in full force, in effect and enforceable.

12.2        Mogoplus and you agree that these terms of use are a complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter and that all waivers and modifications must be in writing signed by both parties.  No delay or omission by either party in exercising any right or remedy under these terms of use or existing at law or equity shall be considered a waiver of such right or remedy.

12.3        No agency, partnership, joint venture, or employment is created as a result of these terms of use, and you do not have any authority of any kind to bind Mogoplus in any respect whatsoever.

12.4        In any action or proceeding to enforce rights under these terms of use, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.

12.5        The Mogoplus website (excluding any linked third party websites) is controlled by Mogoplus.  By accessing the Software, you accept that any disputes are to be determined by the courts having jurisdiction in New South Wales, Australia.  In accordance with the laws in force in New South Wales (subject to the application of any principal of conflict of laws inconsistent with this requirement).

12.6        Although the Mogoplus website can be accessed throughout Australia and overseas, Mogoplus does not represent that the Software complies with the laws (including the intellectual property laws) of countries outside Australia.  If you access the Mogoplus website and Software from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located

Additional Information

If you have any questions about the rights and restrictions above, please contact Mogoplus by email at support@mogoplus.com.