Mitsubishi Electric Australia Pty Ltd (“ME-AUST”) Service App End User License Agreement These are the terms and conditions governing the supply of the Mitsubishi Electric Australia Service App (the “App”) to you (“Terms”). By downloading or using the App, you agree to the Terms and ME-AUST’s Privacy Policy (available at http://www.mitsubishielectric.com.au/privacy.htm). You should carefully read the Terms and the Privacy Policy before using the App. Your use of the App will be subject to the Terms. We may change any of the Terms provided that we give you at least 10 days’ prior notice of any change that is likely to materially affect or disrupt the manner in which you use the App. By continuing to use the App after these changes have come into effect, you are signaling your acceptance of these changes. If you do not accept these changes, you should stop using the App. We are offering you this App to use solely for your own personal use without cost. You must not: (a) send the App on to anyone else; (b) tell anyone your username or password; (c) copy, translate, replicate derivative versions of or modify the App in any way; (d) copy, reproduce, alter, create derivative works or publicly display any part of any content from the App, except where we have expressly given you permission to do so in writing; or (e) use the App for any purpose which is unlawful or in violation of the Terms. If you think any unauthorised third party might know your password, you should reset your password. ME-AUST is the owner or licensee of all intellectual property rights in the App and the material published on the App. Those works are protected by trade mark, copyright and other laws and treaties governing proprietary and intellectual property rights around the world and all our rights are reserved. If you copy, modify, distribute or otherwise deal with those materials, you may infringe the intellectual property rights of ME-AUST or the licensor. We may update, change or suspend access to the App without notice at any time and from time to time, including without limitation, for repair or maintenance work or in order to update or upgrade the contents or functionality of the App. We do not guarantee that access to or use of the App will be uninterrupted or error free. We may terminate this agreement and your right to use the App immediately in the event you breach any of the Terms. We disclaim all responsibility associated with the App not working where there is limited Internet access or WiFi. Please remember that separate terms and conditions apply with your mobile network provider. We disclaim all liability for the costs of data for the duration of the connection while you are accessing the App. In using the App, you are accepting responsibility for any such charges. If you are not the account holder for your device, we assume you have received permission to use the App and therefore continue to disclaim all liability for data costs associated with your use of the App. The App is intended only for active and current members of the Australian Refrigeration Council (“ARC”). While ME-AUST makes every effort to verify current licenses prior to granting initial access to the App, we disclaim all responsibility for use during any period thereafter, where licenses lapse. If you are not a member of the ARC, you must stop using the App. ME-AUST does not take responsibility and shall not be liable (whether for breach of contract, negligence or for any other reason) for your use of the App, your reliance on the information or materials published on the App or for the decisions made when interpreting information from the App. Information provided in the App is not in any way definitive and does not provide users with final advice. Any and all actions taken as a result of accessing information is at the discretion of the user and is not the responsibility of ME-AUST. Nothing in the Terms excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a consumer guarantee under the Australian Consumer Law) which cannot be lawfully excluded, restricted or modified. Your use of the App may come with guarantees that cannot be excluded under the Australian Consumer Law. Where there is a failure to comply with a consumer guarantee, you are entitled, and ME-AUST’s liability to you is limited, to: (a) the re-supply of the App; or (b) our payment of the cost of having the App re-supplied. You will indemnify us in respect of any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees on a solicitor/client basis) suffered or incurred by us, our officers, directors, employees, agents and related companies that arise in connection with your use of the App or any breach by you of the Terms, but you will not be liable for any losses or damages we suffer or incur to the extent such loss or damage is caused by us. Where we wish to update the App, requirements may change and users will need to download the updates for continued use. ME-AUST may also choose to terminate use of the App without providing any notice to you. If this happens, all rights, access and licenses of the App will end and you must stop using the App, and if needed, delete it from your device. You agree that all communications between you and us in relation to the App will be via email or the communication tools available on the App, unless another method is agreed to by both parties. We may provide a notice or other communication to you by a posting to the App. That notice or other communication is regarded as being given by us and received by you when the posting is made to the App. ME-AUST may collect and use information about your usage of the App. ME-AUST may use this information, as long as it does not personally identify you, to measure the use and performance of the App. The purpose of collecting data analytics is for ongoing improvement of the App. If any part or provision of this agreement is void, unenforceable or illegal in a jurisdiction, that part or provision does not apply in that jurisdiction. However, the remainder of the agreement continues in operation in that jurisdiction unless this would alter the basic agreement between you and us, in which case we can terminate your use of the App at our election. If we do not insist upon strict performance of any part or provision of the agreement, that waiver will not be deemed to be a waiver of a subsequent breach or default of the agreement. You cannot assign or otherwise transfer the benefit of the agreement between us and you without our prior written consent. We can assign or otherwise transfer the benefit of the agreement between us and you. The agreement is governed by the laws of NSW and the courts of NSW have jurisdiction over the parties to the agreement (being you and us).