APPLICATION END USER LICENSE AGREEMENT
In these terms and conditions, “we” “us” and “our” refers to Games for good Pty Ltd. This user agreement is between us and you, (the end user who has downloaded our application). Quite specifically this agreement does not in any way involver Google or Apple and no terms in the agreement are in conflict with the Apple app store or Google play store terms of use which we have read and understood.
You may use the application on any personal device that you ownas permitted by the Usage Rules set forth in the Apple App Store and Google Play Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Your access to and use of all content on this application (App) is provided on a non-transferrable basis and subject to the following terms and conditions. We reserve the right to amend this notice at any time and your use of the application following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our application you read these terms and conditions.
Both parties to this EULA agree that Apple and Google, as well as Google’s subsidiaries and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
Our Application Services
1. We reserve the right to prevent you using this application at any time if you breach these terms and conditions.
2. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to our Application.
3. The End-User must represent and warrant that (i) he/she is 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 (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Application Access
4. When you open our application, we give you a limited licence to access and use our information for personal use.
5. You are permitted to download a copy of the information on this applicationto your device for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
6. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this application without our prior written permission.
7. The licence to access and use the information on our application does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our application without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our application.
8. You may change your subscription level inside the app at any time by clicking on ‘more’ and then ‘Change my subscription’. No refunds will be offered for paid subscription cancellations (which can be achieved by selecting the free plan). Rather the benefits will continue until the end of the monthly period they were paid for and will end at the conclusion of that period.
Hyperlinks
9. This application may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our application to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
10. Linking our website or application is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
11. The copyright to all content on this application including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
12. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on our application andwebsite are either owned by us or we have a licence to use them. Your access to our application does not license you to use those marks in any commercial way without our prior written permission.
13. Us, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Disclaimers
14. The information we provide on this application is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.
15. We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.
16. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
17. We take all due care in ensuring that our application and websiteare free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
18. In the event of any failure of the Application to conform to any applicable warranty, the End-User may notify Apple or Google, and Apple or Googler will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
19. Us, not Apple or Google, are responsible for addressing any claims of the End-User or any third party relating to the Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
20. To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our application.
Indemnity
21. By accessing our application, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website and application.
Jurisdiction
22. These terms and conditions are to be governed by and construed in accordance with the laws of South Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Australia and you agree to submit to the jurisdiction of those Courts.
23. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
24. We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
25. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
Questions Complaints or claims
Must be directed to,
Games for good Pty Ltd
11 Gordo Ave, Wattle Park, SA, 5066, Australia
Or via email to hello@solarcyclist.com
