Mobile App Terms and Conditions
Last Updated 15th November 2022
The One Key Access app (The app) is a mobile device application (The App) which enables registered users to access and retrieve their deliveries lodged in OKA enabled storage receptacles. (The Service)
In these Terms, 'us', 'we' and 'our' means One Key Access Pty Ltd and our related bodies corporate (also collectively referred to as OKA).
“Account” means a unique account created for you to access the Service or parts of the Service.
“Agreement” has the terms and conditions you have agreed to be bound by as described in Clause 1.
“Application” (also referred to as “App”) means the software program provided by the OKA downloaded by you on any electronic device as described in clause 1
“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the app has been downloaded.
“Courier” means a person who makes deliveries on behalf of one of OKA’s delivery partners and has been allocated an OKA Proximity Key by the delivery partner.
“Device” means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
“Proximity Key” means a physical or digital proximity key distributed by One Key Access that enables a person to access a Storage Receptacle.
“Service” has the meaning as described in Clause 1.
“Storage Receptacle” means a receptacle which enables couriers to lodge deliveries into the receptacle and for registered recipients to retrieve their deliveries from the receptacle at a later time.
“Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire Agreement between you and the Company regarding the use of the Service.
You must be registered to access our App, its features and the Service.
When you register and activate your account, you will create a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this user name.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
To create an account, you must:
be at least 13 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the app in accordance with these Terms.
4. Proper and Expected Usage
Subject to the terms of this agreement, OKA grants you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the app solely for personal, non-commercial use in connection with the OKA Service in accordance this agreement. The app should only be used only to access and retrieve your deliveries lodged into OKA enabled storage receptacles.
5. Prohibited Usage
You shall not:
(1) use the app for purpose or in manner you are not authorised or that it is not intended or designed for;
(2) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the app;
(3) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the app;
(4) use this app for any unlawful purposes or in contravention of any applicable laws, rules, or regulations in connection with your access or use of the app;
(5) use this app to harass, threaten, abuse or intimidate another person;
(6) make the app available to non-registered users to access the storage receptacles;
(7) impersonate someone else and log into another person’s account you are not authorised to access;
(8) use the app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the app;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the app;
(10)use the app in any manner that may interfere with, disrupt, or create an undue burden on the app or the networks or services connected to the app;
(11) circumvent, disable, or otherwise interfere with security-related features of the app or the connected Service;
(12) trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords; and
(13) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any app or the Service to you.
(6) Promotions and competitions
For certain campaigns, promotions or contests run by OKA, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
(7) Intellectual property rights
The app and its content, features and functionality (including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos contained therein) are and will remain the exclusive property of the OKA and its licensors.
The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.
Your use of this app and the Service does not grant or transfer any rights, title or interest to you in relation to this app or its content. However, we do grant you a limited licence to access the app and use the OKA Service on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this app or its content is prohibited and may result in civil and criminal penalties.
(8) Suspension and termination of account
We may suspend or terminate your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon suspension or termination, your right to use the Service will cease immediately. We are not responsible for any loss, damage or harm related to your inability to access or use the app or the Service based on such suspension or termination.
You can cancel your OKA account at any time, either through the application’s user settings or by contacting us directly. Upon cancellation of your user registration, we will promptly delete your personal information. Alternatively, you can simply discontinue using the Service and uninstall the app from your device.
(9) Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that:
(5) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and
(6) you are not listed on any U.S. government list of prohibited or restricted parties;
(7) you must comply with applicable third-party terms of agreement when using the app, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(8) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
10. Warranties and disclaimers
The app and the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this app or the connected service, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that this app will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this app, the Service, or any feature of this app at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct, indirect and incidental loss, damage or expense (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising) – irrespective of the manner in which it occurs – which may be suffered due to your use of our app and/or the service, or as a result of the inaccessibility or unavailability of this app or the Service.
12. Jurisdiction and governing law
Your use of the app and the Service, and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.
13. Disputes Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting OKA.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
16. Changes to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time. If we make changes, we will post the amended terms within the app and update the “last updated” date above. Please check the Terms periodically for these changes. We may also attempt to notify you of the changes by providing notice through the app. Unless we stipulated otherwise in the notice, the changes to the Terms will be effective immediately. By continuing to access or use the service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the app and the Service.
If you have any questions about these Terms and Conditions, you can contact us by sending us an email: email@example.com.