2. The App is operated by Everything Geraldton, a company registered in Australia with ABN number 34 164 594 483 whose registered office is at 7 Begonia Ct, Webberton WA 6531 (and we refer to ourselves as “we”, “us” or “our” in this document). We own and operate the App on our own behalf.
4. To download, install, access or use the App, you must be 13 years of age or over. If you are under 13 and you wish to use download, install, access or use the App, you must get consent from your parent or guardian before doing so.
5. We are a business registered in Australia, so we have complied with applicable Australian laws in making the App and its content available to you. If the App is accessed by you from outside Australia, this is entirely at your risk. We make no representation that the App and its content are available or otherwise suitable for use outside Australia. If you choose to access or use the App from or in locations outside Australia, you do so on your own initiative and are responsible for:
5a. ensuring that what you are doing in that country is legal; and
5b. the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).
7. Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
8. You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:
8a. is fraudulent, criminal or unlawful;
8b. is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
8c. is inaccurate or out-of-date;
8d. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
8e. impersonates any other person or body or misrepresents a relationship with any person or body;
8f. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
8g. may be contrary to our interests;
8h. is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
8i. involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10. You agree not to access without authority, interfere with, damage or disrupt:
10a. any part of the App;
10b. any equipment or network on which the App is stored;
10c. any software used in the provision of the App; or
10d. any equipment or network or software owned or used by any third party.
11. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the App for the purpose of use on the App or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
12. Commentary and other materials available on the App are not intended to amount to advice on which reliance should be placed. Subject to paragraphs 32 and 33 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the App, or by anyone who may be informed of any of its contents.
13. You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. Subject to paragraphs 16, 32 and 33, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
14. You agree to comply at all times with any instructions for use of the App which we make from time to time.
Availability of the App, Security & Accuracy
17. Whist we endeavour to make the App available 24 hours a day, we cannot be liable if for any reason the App is unavailable for any time or for any period. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
18. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
19. We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
20. We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.
21. Whilst we endeavour to ensure that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
Independence from Platforms
22. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
23. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
26. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
27. In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
28. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
29. You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
30. You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).
33. To the extent possible by law and subject to paragraph 32 above, in all cases other than in respect of products or services that we provide to a specific consumer for a fee (which shall be governed by its own contractual terms), to the extent permitted by law:
33a. our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the App, or any material on it or accessible from it, or from any action or decision taken as a result of using the App or any such material, shall be $1; and
33b. we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to any material on the App or in relation to your use or inability to use or delay in use of the App or any material in it or accessible from it or from any action or decision taken as a result of using the App or any such material, in relation to any of the foregoing, for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
Trade Marks and copyrights
34. The “Everything Geraldton” name and logos and all related names, design marks and slogans are our property and registered business names under Australian law.
Intellectual Property Rights
35. We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
36. You may print off one copy, and may download extracts, of any page(s) from the App for your personal reference and you may draw the attention of others within your organisation to material available on the App.
37. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
38. You must not use any part of the materials on the App for commercial purposes without obtaining a licence to do so from us or our licensors.
Information About You & Your Visits to the App
Third Party Websites
42. You must not without our permission:
42a. use or copy any material from the App, including, but not limited to, onto other websites or in other mobile applications; or
42b. frame any of the App onto your own or another person’s website or mobile application.
44. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
No Third Party Rights
Western Australian Law & Jurisdiction
48. You agree to receive push notifications to the App from us, which may be of a commercial nature. These Push Notifications may include but are not limited to promotional offers from us our partners, recent coupon additions to the App, general information, news headlines, links to external websites and matters of interest to the public.