1. Under these terms & conditions, "Application" refers to "Conexus Network Selection" application developed by a third party provider and licensed to us.
2. You agree that the use of the Application shall be subject to the following terms and conditions. You shall be deemed to have accepted and agreed to all these terms and conditions upon installation of the Application on your mobile device, or where the Application has been preloaded on your mobile device, upon receipt of the preloaded mobile device.
3. The Application shall be subject to the third party provider’s terms and conditions of use, including but not limited to, the terms and conditions of license agreement. The end user software license agreement will be a contract entered into between you and the third party provider.
4. In order to enable the Application to work, your mobile device must meet certain minimum requirements as set out by the third party provider. You are responsible for ensuring that your mobile devices meet the minimum requirements as may be stipulated and that they are compatible and may properly function and inter-operate with the Application and the Network. We will not be liable for any failure or performance degradation resulting from the non-compliance of such minimum requirements as stipulated from time to time. You acknowledge and accept that not all mobile devices are supported by the Service.
5. You shall use the Application in accordance with instructions and guidelines which may be issued by the third party provider from time to time. You are responsible for making the necessary configuration on your mobile devices.
6. You shall be responsible for any and all Charges incurred by you in connection with the Application, including but not limited to, any and all Charges incurred by you (whether intentionally or otherwise) whilst logging on or not logging on to the relevant Conexus mobile network.
7. You agree that you will not acquire any and all intellectual property rights in the Application, including but not limited to any and all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in or related to the Application (“IPR”). All such IPR will remain at all times with our licensors.
8. You shall not use or permit the use of any IPR except for the purposes contemplated by the Application.
9. You shall not redistribute or resell the Application to anyone, whether for profit or otherwise.
10. We, our Affiliates and our licensors make no representations, warranties (express or implied) and guarantees on any part of the application and expressly disclaims any and all representations and warranties of any kind, whether express or implied, by operation of law, or otherwise, including, without limitation, and implied warranties of title, merchantability, satisfactory quality, accuracy of informational content, fitness for a particular purpose and non-infringement, whether arising by statute or in law or as a result of a course of dealing or usage of trade with respect to the Application and all ancillary services related to the Application.
11. We, our Affiliates and our licensors do not warrant that that the Application will not interfere with your mobile devices and any ancillary services access to or used by you in connection with your mobile devices.
12. We, our Affiliates and our licensors do not warrant that the Application will be provided error free, uninterrupted, secure, virus free or will meet any of your/your users’ requirement or purpose.
13. We, our Affiliates and our licensors shall not under any circumstances, be responsible to you/your users or anyone else for any loss, cost, expense, damage, claims or any other liability which may arise, whether directly or indirectly, from or in connection with the application, including but not limited, to any downtime, interruption, disruption, failure, delay or loss or inaccuracy of information or data.
14. We, our Affiliates and our licensors shall not under any circumstances, be responsible to you/your users or anyone else for consequential, incidental, indirect, special or exemplary damages of any kind, including without limitation, any loss of use, loss of business or revenue, loss or inaccuracy of information or data, or lost of profit arising out of or in connection with the Application even if parties are aware of the possibility of such damages.
15. The Application may be changed, disabled, suspended or terminated (in part or in whole) at any time with or without notice.

If you are dissatisfied with the Application or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Application or terminate or remove the Application from your mobile devices.