Device Terms of Use

1.            Introduction 

1.1          Arresti VPN™ Platform. The Arresti VPN™ Platform is owned and operated by Arresti VPN™ Pty Ltd ACN 658 736 559 (Arresti VPN, we, us). The Platform is intended to be used to enable subscribed users (User, you) to access the internet privately and securely via a virtual private network.

1.2          Acceptance of Terms. By installing, accessing or using the Platform, you agree to these Terms of Use, which create a legally binding agreement between you and Arresti VPN. If you do not agree to be bound, you must not install, access or use the Platform. If you are accepting these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms of Use. 

1.3          Interpretation. Capitalised terms used in these Terms of Use have the meanings given in clause 14.

2.            Use of the Platform  

2.1          Licence. Subject to your ongoing compliance with these Terms of Use, Arresti VPN grants to you a revocable, non-exclusive, non-transferable licence for you to access and use the features and functionality of the Platform that we make available to you, for the purposes contemplated in these Terms of Use.

2.2          Disclaimers. You acknowledge and agree that:

• you are solely responsible for ensuring your use of the Platform complies with applicable laws, including the Copyright Act 1968 (Cth) (and analogous laws in other jurisdictions);
• any data or information downloaded or otherwise viewed, obtained or acquired through the use of the Platform is at your sole risk and, to the extent permitted by law, Arresti VPN will not be liable or responsible for any damage to you or your respective property in connection with such data and information; and 
• to the extent permitted by law:
  • the Platform is provided “as is” and “as available”; and
  • Arresti VPN disclaims all conditions, representations, warranties and guarantees, expressed or implied, including title, non-infringement, availability, uninterrupted or error-free operation, currency, merchantability or fitness for a particular purpose.

3.            Your warranties and obligations

3.1          Warranties. You warrant that:

• you will use the Platform in good faith in accordance with all applicable laws and these Terms of Use; 
• all information provided by you to Arresti VPN is true and correct and provided in good faith; and
• your subscription to our Platform and usage of our Platform will not violate (or cause Arresti VPN to violate) any laws or third party rights.

3.2          Acceptable Use. You agree to use the Platform solely for lawful purposes and only in accordance with these Terms of Use. By using the Platform, you agree not to, and agree not to assist or abet anyone else to:

• violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government, including the Copyright Act 1968 (Cth) (or analogous laws in other jurisdictions);
• transmit any unsolicited commercial or bulk emails, not to be engaged in any activity known or considered to be spamming or mail bombing;
• make any illegal communication to any newsgroup, mailing list, chat facility, or another internet forum;
• make, attempt or allow any unauthorised access to the Website, Platform, your User Account or the User Account of any other User of the Platform;
• allow any remote code execution of malicious software through your User Account provided;
• cause denial of service attacks, port scans or other endangering and invasive procedures against Arresti VPN’s servers and facilities;
• forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding your identity;
• use the Platform to host any website, other content, links or advertisements of websites that:
  • infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; 
  • contain nudity, pornography or other content deemed adult related;
  • profess hatred for particular social, ethical, religious or other group;
  • contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; 
  • contain warez; 
  • contain any kind of proxy server or other traffic relaying programs; 
  • promote money making schemes, multi-level marketing or similar activities; 
  • contain lottery, gambling, casino; 
  • contain torrent trackers, torrent Portals or similar software; or
  • contain violence or encourage violence;
• upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, escrow, high-yield interest programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP scanners, brute force programs, mail bombers and spam scripts;
• engage in or to instigate actions that cause harm to Arresti VPN or other Users. Such actions include, but are not limited to, actions resulting in blacklisting any of Arresti VPN’s intellectual property on any online spam database, actions resulting in DDOS attacks for any servers, etc;
• promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription;
• introduce malicious programs into Arrest VPN’s network or servers (e.g. viruses, worms, Trojan horses, etc.);
• scan the networks of others for vulnerabilities without authorisation;
• execute any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the User without authorisation;
• attempt to circumvent User authentication or security of the Platform, or account (“cracking”) without authorisation;
• use any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
• “phish,” that is, simulating communications from the Platform or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
• “pharm,” that is, using malware, DNS cache poisoning or other means to redirect a User to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
• falsify header information or your identification information;
• attempt security breaches or disruption of the Platform;
• enter into communication including, but not limited to, accessing data of which you are not an intended recipient or logging into a Arresti VPN server or account that you are not expressly authorised to access; or
• hijack intellectual property space. 

You are liable to Arresti VPN for, and must indemnify, defend and hold Arresti VPN harmless from and against, any losses, claims or other damages it may incur as a result of a breach of this clause 3.2.

4.            Maintaining a User Account 

4.1          Creating an account. To access and use the Platform, you will need to register for a User Account via the Website or the Arresti VPN Applications and select a subscription type with a valid email address.

4.2          Cancelling an account. You may cancel your User Account at any time by logging into the Website or the Arresti VPN Applications and electing to cancel your User Account. The cancellation will take effect immediately. However, Arresti VPN is under no obligation to provide a refund of the Subscription Fees paid or any portion thereof. You accept and agree that, if you cancel your User Account, it will forfeit any Subscription Fees for the current subscription period and Arresti VPN will retain all Subscription Fees paid.

4.3          Automatic renewal. Subject to clause 4.2, your User Account will automatically renew upon the last day of the relevant subscription period. 

5.            Fees and payment

5.1          Subscription Fees. You must pay the Subscription Fees as notified by Arresti VPN. 

5.2          Other Fees.  We may offer optional additional products and services in connection with the Platform at an additional Fee from time to time. When purchasing a product or service from Arresti VPN, you must pay the applicable Fees notified to you at the time of purchase. 

5.3          Invoicing. Arresti VPN will issue an invoice for the Fees. Unless otherwise stated, all Fees are in United States dollars. You must pay the Fees using the payment methods notified to you at the time of purchase.  

5.4          Taxes. All Fees quoted and payable under these Terms of Use exclude taxes unless otherwise stated. The User will be responsible for, and shall pay Arresti VPN an amount equal to, any applicable sales, service and other taxes (including GST or VAT) in addition to the Fees states. 

5.5          Suspension for non-payment. Where Fees are overdue, Arresti VPN may suspend access to the Platform until such time as the overdue amounts are paid in full. 

5.6          Changes to Subscription Fees. Arresti VPN may change the Subscription Fees from time to time by providing you with at least 30 days prior written notice. Any such change will take effect from no earlier than the start of your next subscription period.

5.7          Payment. Unless otherwise specified on a tax invoice we issue to you, all payments are due immediately upon purchase and all Subscription Fees must be paid for the relevant subscription period in advance.  If you have nominated a payment method when purchasing a subscription to the Platform, payment for the relevant Subscription Fees will be automatically debited on the renewal date using the payment method nominated by you. 

5.8          Interest. Any overdue and unpaid portion of Fees shall bear interest at a rate of 1.5% per month or the maximum rate allowed by applicable law, whichever is less. Additionally, you must pay all costs and expenses (including legal fees) incurred by Arresti VPN in recovering any overdue Fees and interest. 

6.            Authorised Users and security of User Account 

6.1          Security of User Account. You are responsible for maintaining the confidentiality of your User Account and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your User Account. 

6.2          Authorised Users. If you are a corporate user, depending on your subscription type, we may permit you togrant access to the Platform your officers, employees and/or contractors (Authorised Users).  If we have not notified you that Authorised Users are included with your subscription, you must not allow any other person to access the Platform using your User Account. 

6.3          Responsibility for Authorised Users. You have sole responsibility for granting and managing Authorised Users (if any), and must ensure each Authorised User complies with these Terms of Use. 

7.            Maintenance and changes to the Platform

7.1          Maintenance windows. From time to time, Arresti VPN or a third-party service provider may update or perform maintenance on the underlying software or hosting environment and perform other routine software or hardware maintenance that may affect the availability or performance of the Platform. We will use commercially reasonable efforts to provide notice to you in advance of outages due to such planned maintenance.

7.2          Arresti VPN rights relating to changes. Arresti VPN retains the right to enhance, modify or alter the operation of the Platform or the underlying software or technology from time to time. Arresti VPN may offer new functionality and other services for a separate fee and subject to the parties’ agreement to separate terms and conditions.

8.            Intellectual Property Rights 

8.1          Platform. The Platform consists of and contains materials that are owned by Arresti VPN and its licensors.  The Platform and associated materials provided with the Platform are protected by intellectual property laws and must not be used or copied by you except as contemplated by these Terms of Use, or otherwise with the prior written consent of Arresti VPN.

8.2          Feedback. If you submit feedback or a suggestion for improving the Platform, you assign to Arresti VPN any Intellectual Property Rights which you may have in that suggestion or feedback.

9.            iOS App Store

9.1          If you obtained the Arresti VPN App from the iOS App Store, you and Arresti VPN acknowledge and agree that:

• this document is concluded between you and Arresti VPN only, and not with Apple, and Arresti VPN, not Apple, is solely responsible for the Arresti VPN App and the content thereof;
• Arresti VPN is solely responsible for providing any maintenance and support services with respect to the Arresti VPN App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Arresti VPN App, either under this document or applicable law;
• Arresti VPN, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the Arresti VPN App or your possession and/or use of the Arresti VPN App, including, but not limited to:
  • product liability claims;
  • any claim that the Arresti VPN App fails to conform to any applicable legal or regulatory requirement; or
  • claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the Arresti VPN App of the HealthKit and/or HomeKit frameworks;
• in the event of any third party claim that the Arresti VPN App or your possession and/or use of the Arresti VPN App infringes that third party’s intellectual property rights, Arresti VPN, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
• you must represent and warrant that:
  • 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 
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
• you must comply with applicable third party terms of agreement when using the Arresti VPN App;
• Apple, and Apple’s subsidiaries, are third party beneficiaries of this document; and
• upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.

10.        Privacy 

10.1       Arresti VPN responsibilities.Your privacy is important to us.  Any personal information collected by Arresti VPN will be handled in accordance with our privacy policy. The current version of the privacy policy can be viewed at www.ansictech.tempurl.host/privacy-policy/. 

11.        Limitation of liability and indemnity 

11.1       General. Subject to clause 11.4, Arresti VPN excludes any and all liability to you however arising (including negligence) for:

• Consequential Loss; 
• losses or expenses you suffer or incur relating to any interruption in the operation of the Platform or an Excluded Incident; 
• losses or expenses you suffer or incur as a result of Arresti VPN’s breach of these Terms of Use to the extent the breach is caused by an event or circumstances beyond Arresti VPN’s reasonable control;  
• Arresti VPN’s reasonable actions in denying anyone access to the Platform for security reasons, non-payment or default; and 
• actions taken in relation to these Terms of Use in accordance with Arresti VPN’s obligations at law or any order issued by a court of law or relevant government authority, whether directly or indirectly arising in connection with the Platform.

11.2       Maximum liability. To the extent permitted by law, Arresti VPN’s aggregate liability for all claims arising from these Terms of Use, regardless of the nature of such claim and included under any indemnity, must not exceed the total aggregate Subscription Fees paid by you during the 12 months preceding the date of the event giving rise to a claim. 

11.3       Third party resources. Arresti VPN is not responsible for any links to third party websites or other resources accessible via the Platform, including the availability of such websites, resources or links. Use of such websites and resources is at your sole risk.

11.4       Non-Excludable Rights. Nothing in these Terms of Use is intended to have the effect of excluding the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement of the parties (Non-Excludable Rights). To the maximum extent permitted by law, the liability of Arresti VPN in respect of any breach of or failure to comply with any Non-Excludable Right (which cannot be excluded but which can be limited) is limited to Arresti VPN doing one or more of the following (at its election):

• if the breach is in respect of goods: 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; or
• if the breach is in respect of services: the supply of the services again; or the payment of the cost of having the services supplied again.

11.5       Indemnity. You agree to indemnify Arresti VPN against any claim or liability arising from or in relation to your:

• misuse of the Platform;
• breach of any law or infringement of any third party rights including intellectual property rights; and
• breach of your warranties or obligations under these Terms of Use. 

12.        Term and termination 

12.1       Term. These Terms of Use are binding from the date that you first install, access, or register for the Platform and continue until terminated in accordance with these Terms of Use. 

12.2       Suspension or termination by Arresti VPN. Arresti VPN may suspend your access to the Platform, or terminate these Terms of Use, immediately at any time without prior notice, for the following reasons:

• your non-payment of Subscription Fees;
• Arresti VPN reasonably considers that you have breached these Terms of Use; 
• to comply with its obligations under any applicable laws, or where requested by law enforcement or other government agencies; 
• fraud or suspected fraud by you; or
• there has been no activity on your User Account for 3 months or more.

12.3       Termination for convenience.You may terminate these Terms of Use at any time by cancelling your User Account in accordance with clause 4.2. Arresti VPN may terminate these Terms of Use at any time for convenience (without cause) by providing you with at least 30 days prior written notice. If Arresti VPN terminates under this clause 12.3, Arresti VPN will provide you with a pro rata refund of Subscription Fees paid in advance by you for the unused portion of the current subscription period (if any).

12.4       Termination by either party. These Terms of Use may be terminated: 

• by written agreement; or
• by a party providing written notice to the other party in the event that the other party commits a material breach of these Terms of Use that is incapable of remedy, or a material breach that is capable of remedy, and does not remedy such breach within 30 days of receipt by that party of written notice setting forth in detail the nature of such breach.

12.5       Consequences of termination

If your account is terminated for any reason then (without limiting any other rights Arresti VPN may have):

• you must immediately pay to Arresti VPN any outstanding Fees;
• after a period of 90 days following termination or expiry of these Terms of Use, Arresti VPN may permanently destroy your User Account; and 
• despite any other provision of this agreement, Arresti VPN may retain records relating to your User Account.

13.        General 

13.1       Force majeure. Neither party will be deemed in default of these Terms of Use as a result of a delay in performance or failure to perform its obligations caused by acts of God or governmental authority, strikes or labour disputes, fire, acts of war, failure of third party suppliers, or for any other cause beyond the control of that party.

13.2       Notices. All notices under these Terms of Use must be in writing.  In the case of Arresti VPN, a notice may be provided by publishing the notice on the Platform.

13.3       Survival. Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the expiry or termination of these Terms of Use, clauses 2.2(c)(ii), 8, 10, 11, 12.5, 13 and 14 survive expiry or termination.

13.4       Assignment. You must not sell, assign, license, sub-license, or otherwise convey in whole or in part to any third party these Terms of Use or the Platform without the prior written consent of Arresti VPN. Arresti VPN may assign its rights or transfer its rights and obligations under these Terms of Use without your consent.

13.5       Governing Law. This agreement is governed by the laws in force in Queensland, Australia, without regard to conflict of law principles. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia. 

13.6       Severability. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use must continue in effect.

13.7       Relationship. Nothing in these Terms of Use is intended or must be construed to create or establish an agency, partnership, or joint venture relationship between the parties.

13.8       Waiver. No waiver by either party of any provision or any breach of these Terms of Use constitutes a waiver of any other provision or breach of these Terms of Use and no waiver must be effective unless made in writing. 

13.9       Interpretation. The headings contained herein are for convenience of reference only, and are not intended to define, limit or describe the scope or intent of any provisions of these Terms of Use. A reference to “include”, “including” or “for example” are not intended to be exhaustive or words of limitation. 

13.10    Entire Agreement. This agreement constitutes the entire agreement between the parties as to its subject matter and any prior arrangements, agreements, warranties, representations or undertakings are superseded.

14.        Definitions 

14.1       Definitions

In these Terms of Use: