Smart eDriver and Asgard Terms and Conditions

These terms and conditions create a contract between you and Step Global (the “Agreement”). Please read the Agreement carefully.

The following terms and conditions are subject to consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations. The contractual rights you may be entitled to under these terms and conditions are in addition to the statutory rights you may be entitled to under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.

A. INTRODUCTION TO OUR SERVICES

This Agreement governs your use of Step Global’s Products and Services (“Services” – e.g., Smart eDriver Mobile App, Smart eDriver website, Asgard website) through which you can get, license, rent or subscribe to content, Apps (as defined below), and other in-app services (collectively, “Content”). Content may be offered through the Services by Step Global or a third party. Our Services are available for your use in your country or territory of residence (“Home Country”). By creating an account for use of the Services in a particular country or territory you are specifying it as your Home Country. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

B. USING OUR SERVICES

PAYMENTS, TAXES, AND REFUNDS

You can acquire Content on our Services for a charge, which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Step Global.

Step Global will charge your selected payment method (such as your credit card, debit card, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. You can associate multiple payment methods and you agree that Step Global may store and charge those payment methods for Transactions.

If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize Step Global to attempt to charge your other eligible payment methods in order from top to bottom as they appear on your account. If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Step Global, to the full extent permitted by law. Your statutory rights are not affected. From time to time, Step Global may suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, or unlawful or other manipulative behaviour that entitles Step Global to a corresponding counterclaim.

PRIVACY

Your use of our Services is subject to Step Global’s Privacy Policy, which is available at:

https://smartedriver.com/privacy-policy/

SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Step Global may monitor your use of the Services and Content to ensure that you are following these Usage Rules. The Usage Rules do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

All Services:

– You may use the Services and Content only for the purposes that the services were designed for.

– Step Global’s delivery of Services or Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.

– It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.

– You may not tamper with or circumvent any security technology included with the Services.

– You may access our Services only using Step Global’s software and may not modify or use modified versions of such software.

SUBSCRIPTIONS

The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription at least 24 hours before the free trial ends.

If you start a free trial to a Paid Subscription offered by Step Global and cancel before it ends, you cannot reactivate the free trial.

When your Paid Subscription to any Service or Content ends, you will lose access to any functionality or Content of that Service that requires a Paid Subscription.

APP MAINTENANCE AND SUPPORT

Step Global is responsible for providing maintenance and support for Step Global Apps only, or as required under applicable law.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available to you are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and Step Global, if one is provided. Your license to any Step Global App under this Standard EULA or Custom EULA is granted by Step Global. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” Step Global reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

Scope of License: Licensor grants to you a non-transferable license to use the Licensed Application on any products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application except as expressly permitted in this Agreement and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
External Services. The Licensed Application may enable access to Licensor’s services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and, to the full extent permitted by law, is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
No warranty: you expressly acknowledge and agree that use of the licensed application is at your sole risk. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application are provided “as is” and “as available,” with all faults and without warranty of any kind, and licensor hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by licensor or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. Certain legislation, including the australian competition and consumer act 2010 (cth), may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These terms must in all cases be read subject to these statutory provisions. If licensor is liable to you under the Australian competition and consumer act 2010 (cth) or similar legislation, to the extent to which licensor is entitled to do so, licensor limits its liability in respect of any claim under those provisions to: in the case of goods, at licensor’s option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at licensor’s option: the supplying of the services again; or the payment of the cost of having the services supplied again.
Limitation of liability. To the extent not prohibited by law, in no event shall licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data (including without limitation course instructions, assignments and materials), business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. Certain legislation, including the australian competition and consumer act 2010(cth), may limit the ability to exclude liability. If licensor is liable to you under the australian competition and consumer act 2010 (cth) or similar legislation, to the extent to which licensor is entitled to do so, licensor limits its liability in respect of any claim under those provisions to: in the case of goods, at licensor’s option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at licensor’s option: the supplying of the services again; or the payment of the cost of having the services supplied again. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars ($250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Step Global shall be governed by the laws of the State of Victoria, excluding its conflicts of law provisions.

MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES

DEFINITION OF STEP GLOBAL

“Step Global” means:

Step Global Pty Ltd., located at 1 Arco Lane, Heatherton, Victoria, 3202, for users in the United States.

CONTRACT CHANGES

Step Global reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately on notice to you and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

THIRD-PARTY MATERIALS

Step Global is not responsible or liable for third party materials included within or linked from the Content or the Services.

INTELLECTUAL PROPERTY

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Step Global and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non-commercial uses in compliance with this Agreement. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

The Step Global name, the Step Global logo, and other Step Global trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Step Global in Australia and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

COPYRIGHT

Unless otherwise noted, Services and Content provided by Step Global are copyrights of Step Global Pty Ltd. and its subsidiaries.

TERMINATION AND SUSPENSION OF SERVICES

If you fail, or Step Global suspects on reasonable grounds that you have failed, to comply with any of the provisions of this Agreement, Step Global may, without notice to you: (i) terminate this Agreement, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

Step Global further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you and, to the full extent permitted by law, Step Global will not be liable to you or to any third party should it exercise such rights. Termination will not affect the products that you have already acquired. However, you may be unable to authorize additional computers to use such products. You may cease to use the Service at any time.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

Certain legislation, including the australian competition and consumer act 2010 (cth), may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These terms must in all cases be read subject to these statutory provisions. If step global is liable to you under the australian competition and consumer act 2010 (cth) or similar legislation, to the extent to which step global is entitled to do so, step global limits its liability in respect of any claim under those provisions to: in the case of goods, at step global’s option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at step global’s option: the supplying of the services again; or the payment of the cost of having the services supplied again.

Step global does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time step global may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect step global’s legitimate interests.

You expressly agree that your use of, or inability to use, or activity in connection with the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by step global) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the australian consumer law, there are certain consumer guarantees which cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.

You agree that unless required by applicable law, step global has no responsibility to continue making content available to you through our services, and step global will not be liable to you if content, including purchased content, becomes unavailable for download or streaming.

In no case shall step global, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any injury, loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, step global’s liability shall be limited to the extent such limitation is permitted by law.

Step global shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release step global from any and all liability to you for any loss or liability relating to such information in any way.

Step global does not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release step global from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services.

Step global is not responsible for data charges you may incur in connection with your use of the services.

WAIVER AND INDEMNITY

By using the services, you agree, to the extent permitted by law, to indemnify and hold step global, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your misuse of the services, or, to the extent permitted by law, any action taken by step global as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. To the extent permitted by law, you agree that you shall not sue or recover any damages from step global, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of step global’s reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

GOVERNING LAW

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Step Global, and all Transactions on the Services shall be governed by the laws of the State of Victoria, excluding its conflicts of law provisions. You and Step Global agree to submit to the personal and exclusive jurisdiction of the courts of Victoria, to resolve any dispute or claim arising from this Agreement.

OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and Step Global and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Step Global. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Step Global’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Step Global will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Step Global employee or agent has the authority to vary this Agreement.

Step Global may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Step Global may also contact you by email or push notification to send you additional information about the Services.

You hereby grant Step Global the right to take steps Step Global believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Step Global has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Step Global believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Step Global’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).