We are Glyde & Our
01. Background
The Glyde® mobile application and Glyde® access card system (together Glyde unless otherwise noted) is owned and operated by Fleetwood Corporation Limited (Fleetwood).
02. This user agreement
- This user agreement is between Fleetwood and any person who uses Glyde (referred to as You or Your) either in the form of a mobile application or a smart card. This user agreement shall equally apply to use of the Glyde mobile application and the Glyde access card system as the context requires, and shall govern the basis upon which Fleetwood makes Glyde available for Your use.
- By clicking the “Accept” button the first time You access the Glyde mobile application (once downloaded to your mobile device), by signing a copy of this user agreement, or by using a Glyde access card issued to you by Fleetwood (whichever occurs first), You agree to be bound by this user agreement and Fleetwood’s Privacy Policy (the Privacy Policy is here). If you have been already issued a Glyde access card before You agreed to be bound by this user agreement and the Privacy Policy, Your ongoing use of the Glyde access card after this user agreement has been brought to Your attention constitutes Your agreement to be bound.
- Fleetwood may amend or modify Glyde (including changing, deleting, discontinuing or imposing conditions on any of its functionality or features), or this user agreement, or the Fleetwood Privacy Policy from time to time, in which case You will be notified. If You continue to use Glyde by any means after such a notification, the amendments or modifications that are the subject of the notification will apply to You.
03. License to use Glyde
- Fleetwood grants to You a non-transferable, non-exclusive, royalty-free, worldwide license to download, install and use one copy of the Glyde mobile application, in executable object code format only, solely on Your handheld mobile device and solely for Your personal use of the application.
- Fleetwood also grants to You a non-transferable, non-exclusive, royalty-free, worldwide license to use the Glyde access card system solely for Your personal use. If you are issued a Glyde access card you may keep the card and use it each time you visit a complex at which Glyde is enabled. If You lose a Glyde access card there may be a cost to You for Fleetwood to replace it.
04. Registration and use
- In order to use Glyde, You will register with Fleetwood an account for You (Glyde Account) and provide Fleetwood with certain information about You to enable Fleetwood to provide You with the Glyde functionality. To register a Glyde Account You will select a user name and password. If You have been already issued a Glyde access card before You registered Your Glyde Account, once You become bound by this user agreement under clause 2(b) above You will be asked to register Your Glyde Account before You can further use Glyde.
- You have the choice of using the Glyde mobile application or the Glyde access card system, subject to the terms of this user agreement. If You choose to use the Glyde mobile application You can register the Glyde Account once You have downloaded the application. If You intend to use the Glyde access card Fleetwood will register a Glyde Account for You based on information provided by You or on Your behalf.
- Glyde enables You to access Your own accommodation room and other facilities at the relevant accommodation complex.
- Further information about the functionality of Glyde and how You can get the most out of this smart technology will be made available to You in Your room and at Glyde’s website at www.glyde.net.au.
- Once You have registered for Glyde, You may use the Glyde mobile application at each complex at which Glyde is enabled.
- Your Glyde Account will be updated from time to time by Fleetwood to record Your previous and proposed stays at the applicable accommodation complex. Fleetwood will use information about You and Your accommodation stays provided by You or on Your behalf.
- By obtaining a Glyde Account, You represent and warrant that:
- You are at least 18 years of age;
- You are eligible to register and use Glyde and have the right, power and ability to enter into and perform under this user
agreement;
- You will be solely responsible for the activity that occurs on Your Glyde Account;
- You are the person responsible for the mobile device registered to Your Glyde Account (if applicable) or have the express
permission of the mobile device owner;
- You understand that it is Your responsibility to ensure that Your mobile device is compatible to use Glyde and that the
mobile device is correctly configured;
- The information about You that You, or a party on Your behalf, provides to Fleetwood is information which You are
lawfully entitled to provide and is not false, misleading, fraudulent or defamatory and does not infringe the intellectual
property rights or other rights of any third party.
- You will keep Your Glyde Account username and password secure.
- You will not impersonate any other person, or use another person’s registration details, or use another user’s Glyde Account, or otherwise use Glyde to access another person’s accommodation room, without their permission.
- You will not harass or interfere with another user’s use of Glyde.
- You will not use Glyde, directly or indirectly, for any unlawful or fraudulent undertaking or in any manner so as to interfere with the operation of Glyde (including the transmission of viruses, worms or any software intended to damage or alter computer systems or data).
- You will not attempt to gain authorised access to Glyde, or other networks or systems connected to or used together with Glyde.
- Fleetwood is not responsible for any activity or conduct that may occur as a result of the disclosure by You of Your Glyde Account registration details and/or password to third parties, or through unauthorised access to or use of Your information.
- You are solely responsible for all activity that occurs via Your registration details and/or the use of Glyde on Your mobile device or computer.
- You grant us permission to use Your information to provide You Glyde related services and for related purposes. You acknowledge that in order for Fleetwood to provide the services of Glyde and related services, Fleetwood may share Your information with other parties.
- Your use of the Glyde mobile application may be subject to the terms of Your agreement with Your mobile device manufacturer and Your carrier. It is Your responsibility to comply with such agreements.
05. Collection of information
- In order to use Glyde, You will register with Fleetwood an account for You (Glyde Account) and provide Fleetwood with certain information about You to enable Fleetwood to provide You with the Glyde functionality. To register a Glyde Account You will select a user name and password. If You have been already issued a Glyde access card before You registered Your Glyde Account, once You become bound by this user agreement under clause 2(b) above You will be asked to register Your Glyde Account before You can further use Glyde.
- Fleetwood’s Privacy Policy is incorporated by reference into the terms of this user agreement.
06. Unauthorised use
- If You believe that your Glyde Account, including Your Glyde access card or Glyde mobile application, has been used without Your authority, You should contact Fleetwood immediately.
- Fleetwood may decide to disable Your Glyde Account if Fleetwood believes that the account has been used without Your authority, or that it exposes You, other Glyde users, or Fleetwood to harm, including fraud and other unlawful acts.
- If Fleetwood reasonably suspects that You have engaged in, or Your Glyde Account has been used for, unauthorised, unlawful or illegal conduct, You give Fleetwood express authorisation to share information about You, Your conduct, or from Your Glyde Account, with third parties including without limitation relevant authorities.
07. Termination and suspension
- Should Fleetwood need to conduct an investigation or resolve any pending dispute related to Your Glyde Account, Fleetwood may restrict Your access to Your Glyde Account, including Your ability to use the Glyde mobile application or Glyde access card system, for any period of time necessary. Fleetwood may also restrict Your access to Your Glyde Account as necessary to comply with any applicable law or court order, or if otherwise requested by law enforcement, governmental entity or Your employer. You will be notified of such restricted access unless Fleetwood is legally prevented from notifying You.
- Fleetwood reserves the right to terminate or suspend Your access to Glyde for a breach of this user agreement. If Your access is suspended, Fleetwood may renew access once Fleetwood has reasonably formed the view that the reason for the suspension has been suitably remedied.
- Fleetwood will not be liable to You or any other party for compensation, reimbursement, or damages in connection with Your use of Glyde, or in connection with any termination or suspension of Your Glyde Account.
08. Warranties and limitation of liability
- To the extent permitted by law, this user agreement excludes all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law.
- Fleetwood and its directors, employees and affiliates do not warrant that the service provided by Glyde is accurate, reliable or correct; that the service will be available at any particular time or location, interrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
- You acknowledge that, to the extent permitted by law, Fleetwood, and any of its officers, employees or agents are not liable for any loss or claim of any kind (including without limitation, consequential or economic loss or loss of profits), arising under or in connection with this user agreement including, without limitation, any changes to this user agreement save to the extent that such loss or claim arises from the negligence or wilful misconduct of Fleetwood.
09. Security
- We have implemented technical and organisational measures designed to secure Your information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use Your information for improper purposes. You acknowledge that You provide Your information at Your own risk.
10. Intellectual property rights
- All copyright, trade marks and other intellectual property rights in Glyde, and the information and material contained in Glyde, is owned by Fleetwood.
- Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law, You may not, regardless of the purposes of Your actions:
- adapt, reproduce, copy, publish, publicly perform, stream, broadcast, transmit or distribute copies of any information or material found on Glyde in any form (including by e-mail or other electronic means), without Fleetwood’s prior written consent;
- modify, disassemble, decompile, make derivative works of or reverse engineer the Glyde software;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Glyde software to any third party;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Glyde software; or
- access Glyde in order to build a similar or competitive product or service.
11. General
- This user agreement is governed by and will be construed in accordance with the laws of Western Australia. In any action or other legal process with respect to any matter or thing in connection with this user agreement, You agree to submit to the non-exclusive jurisdiction of Western Australia.
- Except as expressly provided for in this user agreement, the terms and conditions in this user agreement are a complete statement of the agreement between You and Fleetwood in relation to Glyde.
- If any of the terms and conditions of this user agreement are held to be invalid, unenforceable or illegal for any reason, it shall be changed and interpreted to accomplish the objectives of such term or condition to the extent possible and the remaining terms and conditions will nevertheless continue in full force.
- Upon termination of this user agreement and Your Glyde Account, the terms and conditions of this user agreement which by their nature are intended to survive termination shall survive and remain in effect.
- This user agreement, and any rights, obligations and licenses granted under it, may not be transferred, assigned or subleased by You.
- Fleetwood accepts no liability for any failure or delay in complying with any term or condition of this user agreement where such failure or delay is due to circumstances beyond Fleetwood’s reasonable control.
- If Fleetwood waives any rights available to it under this user agreement on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Fleetwood or its authorised representative.
- If You have any questions regarding this User Agreement, or wish to obtain additional information, please send an email to info@fleetwood.com.au for the attention of Fleetwood’s General Counsel.