Terms of Use

These terms govern your use of the MICK mobile app. By using MICK, you agree to them. If you do not agree, do not use the app.

1. Who these terms are with

This agreement is between you and Elora Solutions Pty Ltd (ABN 60 621 200 726), referred to below as "Elora", "we" or "us".

Your employer has its own separate agreement with Elora covering the wash compliance service. Nothing in these terms changes that agreement, and nothing in that agreement changes these terms. If your employer's own workplace policies say something stricter than these terms about how you must record a wash, follow your employer.

2. About MICK

MICK is a workplace tool that lets drivers record vehicle washes, complete a wash induction, and lets managers review that work as compliance evidence. It is provided to you through your employer or fleet operator.

3. What it costs you

Nothing. MICK is licensed to your employer, and provided to you as part of your work. There are no purchases, subscriptions or payments of any kind inside the app.

Your mobile carrier may charge you for the data the app uses, particularly when uploading photos and rinse clips. Those charges are between you and your carrier.

4. Eligibility

You must be at least 16 years old and be employed or engaged by an organisation that holds a current MICK licence from Elora. Your access ends when that relationship ends.

5. Your account

• Your account is set up for you as part of your work. You are responsible for keeping your sign in details and your PIN confidential.
• Do not share your account, and do not let anyone else record a wash under your name.
• You may choose to unlock the app with Face ID or a fingerprint instead of typing your PIN. If you do, anyone whose face or fingerprint is enrolled on that device can open your MICK account. Only enable it on a device that is yours.
• Tell your manager promptly, and email info@elora.com.au, if you think your account has been used without your permission.

6. Acceptable use

When using MICK you agree that you will:

• Record washes honestly, and only for vehicles you actually washed.
• Capture genuine photos and video of the real wash. Not staged evidence, not reused evidence, not a photo of a screen or a printout.
• Not record a wash on behalf of somebody else, or ask somebody else to record one for you.
• Not upload unlawful, offensive or misleading content.
• Not photograph or film people unnecessarily. Capture the truck, not your workmates.
• Not attempt to tamper with, reverse engineer, decompile, or disrupt the app, its data, or anyone else's records.
• Not try to access records belonging to another driver, another site or another company.
• Follow your site's safety rules. No wash record is worth standing somewhere unsafe to photograph.

7. Content you submit

The washes, photos, videos, notes and signatures you record are business and compliance records, and they belong to your employer. They are not yours to withdraw and they are not ours to use as we like.

You grant us permission to store, host, copy and process that content for the purpose of providing the service to you and your employer, and for no other purpose. We do not use your wash evidence for marketing or promotion without your employer's written permission.

You are responsible for making sure the content you capture is accurate. Once a wash is submitted it is locked and cannot be edited. If something is wrong with a submitted record, raise it with your manager.

8. Camera, microphone, location and notifications

MICK needs access to:

• Your camera, to photograph each wash and record the rinse clip.
• Your microphone, because the rinse clip is a video and records sound.
• Your location, at the moment of a wash, to prove where the wash took place. MICK does not use your location in the background.
• Notifications, if you allow them, to send reminders such as an induction expiry.

You control all of these in your device settings. Camera, microphone and location are required to complete a wash, so the app will not work without them. Notifications are optional. How we handle the information they produce is set out in our Privacy Policy.

9. Our intellectual property

The MICK app, its name, its logo, its design and its underlying software are owned by Elora or our licensors. These terms give you a personal, non transferable, revocable licence to use the app on devices you own or control, for your work, while your employer holds a current licence. They do not give you any ownership in the app, and you may not copy, sell, sublicence or rent it.

10. Availability and changes to the app

We work to keep MICK available and reliable, but we do not guarantee it will be uninterrupted or error free. You need a compatible device and a working internet connection to submit a wash.

We may update, change, add or remove features from time to time, and we may require you to install an update to keep using the app.

11. Ending your use

You can stop using MICK at any time, and you can delete your account. See how to delete your MICK account.

Your employer may also remove your access, and we may suspend or remove access where we reasonably believe these terms have been breached.

Completed wash records remain on file with your employer after your account is removed, because they are your employer's compliance records, not your personal ones.

12. Liability

To the extent permitted by law, MICK is provided "as is" and we are not liable for indirect or consequential loss arising from your use of the app.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability can be limited but not excluded, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

13. Additional terms for the Apple App Store

If you downloaded MICK from the Apple App Store, the following also apply. In this section, "Apple" means Apple Inc.

1. Acknowledgement. These terms are between you and Elora only, not with Apple. Elora, not Apple, is solely responsible for MICK and its content.
2. Scope of licence. Your licence to use MICK is non transferable, and limited to using it on any Apple branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. Elora is solely responsible for providing any maintenance and support for MICK. Apple has no obligation to provide any maintenance or support.
4. Warranty. Elora is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If MICK fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. MICK is supplied free of charge, so any such refund would be nil. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to MICK.
5. Product claims. Elora, not Apple, is responsible for addressing any claims by you or any third party relating to MICK or your possession and use of it, including product liability claims, any claim that MICK fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property rights. If a third party claims that MICK or your possession and use of it infringes their intellectual property rights, Elora, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a terrorist supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. Developer name and address. Elora Solutions Pty Ltd, 7/17 Rothcote Court, Burleigh Heads QLD 4220, Australia. Questions, complaints and claims about MICK go to info@elora.com.au or 02 6685 7513.
9. Third party terms. You must comply with any applicable third party terms of agreement when using MICK, including your wireless data service agreement.
10. Third party beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of these terms, and on your acceptance of them Apple will have the right, and is deemed to have accepted the right, to enforce these terms against you as a third party beneficiary.

14. Additional terms for Google Play

If you downloaded MICK from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these terms and is not responsible for MICK. Elora is solely responsible for MICK, for support, and for any claims relating to it.

15. Complaints and disputes

If you have a problem with MICK, tell us first. Email info@elora.com.au or call 02 6685 7513. We will acknowledge within 5 business days and work with you to resolve it. Most problems are faster to fix than to argue about.

Complaints about how we handle your personal information are dealt with under our Privacy Policy, which also explains how to escalate to the Office of the Australian Information Commissioner.

16. Governing law

These terms are governed by the laws of Queensland, Australia. You and Elora submit to the non exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

17. General

• Severability. If any part of these terms is found to be unenforceable, the rest continues to apply.
• No waiver. If we do not enforce a term straight away, that does not mean we have given up the right to enforce it later.
• Assignment. You may not transfer your rights under these terms. We may transfer ours to a related company or to a buyer of our business, provided your rights are not reduced.
• Entire agreement. These terms and the Privacy Policy are the whole agreement between you and Elora about your use of MICK.

18. Changes to these terms

We may update these terms from time to time. When we do, we will change the version number and the effective date at the top of this page. If a change is material we will tell you in the app before it takes effect. Continuing to use MICK after that means you accept the updated terms.

19. Contact