This is a legal agreement between you and Regional Alliance West Incorporated ABN 68 186 138 811 ("RAW") of 114 Sanford Street, Geraldton, Western Australia 6530, Australia, which governs your use of the MyIdentityNames Application for iOS (the "Application").
In this agreement, "you" and "your" means any person who downloads or uses the Application. If you are under 18 years of age or the age of majority in your jurisdiction, whichever is older, you must make sure that your parent or legal guardian reads and agrees to this agreement and, in such a case, references to "you" or "your" in this agreement include your parent or legal guardian.
By using the Application, you will be deemed to have accepted and agreed to be bound by this agreement.
If you register an account with this app, submit any material to this app or use any related services, Veyron Applications will ask you to expressly agree to the terms and conditions.
RAW grants you a royalty free, non-exclusive, non-transferrable, limited licence to use the Application on an iPhone that you own or control ("Device") for your personal use. You must not use it for any other purpose, or do any of the following:
- distribute, sell, sub-license, rent or modify the Application;
- reverse engineer, decompile, disassemble or otherwise derive or attempt to derive the source code of the Application (except to the extent permitted by non- excludable applicable law);
- operate or sub-license the Application for the benefit of any other person, whether as a service bureau, time share facility, outsourced service, comparison service or otherwise; or
- remove, alter or add to any copyright notice or similar marking within the Application.
The information and material displayed through the Application is provided for general informational purposes only. While care has been taken in creating the Application, RAW does not warrant or represent that any information or material displayed through the Application is accurate, complete, up to date or suitable for any purpose.
You may select or be allocated codes or other information (such as a username and password) to log in to RAW as part of your use of the Application ("Log In Details"). You must keep your Log In Details secure and confidential. If you believe that your Log In Details have been compromised, you must tell RAW immediately or change them. RAW is entitled to assume that any person gaining access to the Application using your Log In Details is you, unless you have told RAW that your Log In Details have been compromised and new details have not yet been allocated to or selected by you.
Limits on service
This agreement does not require RAW to implement or install the Application for you or to provide any maintenance other services in respect of the Application. From time to time, RAW may issue updates which add, modify and/or remove features from the Application. These updates may be pushed out automatically with or without notice to you. The terms of this agreement will govern any updates provided by RAW, unless the update is accompanied by a separate licence agreement in which case the terms of that agreement will apply.
Responsibility for telecommunications
You acknowledge that the Application requires an active connection to the internet or a mobile telecommunications network to operate fully, and will cause your Device to transmit and receive data. You agree that:
- RAW is not responsible for providing you with any telecommunications service, and your telecommunications service provider is responsible for any issues associated with that service; and
- you must comply with the terms of your agreement with your telecommunications provider when using the Application and are responsible for all data and other charges payable to your telecommunications service provider (including those incurred as a result of your use of the Application).
Third party websites
The Application may cause your Device to display URLs or links to websites not controlled by RAW. Those URLs or links are provided for convenience only and may not be current. Providing a URL or link should not be construed as an endorsement or approval of the third party website by RAW, and RAW is not responsible for the content of third party websites.
Liability of RAW
To the extent permitted by law, RAW does not warrant nor represent that your use or possession of the Application will not infringe the rights of third parties, or that the Application will be error-free. All warranties which would otherwise be implied into this agreement are excluded as far as permitted by law. If any legislation implies or applies in this agreement any condition, warranty or guarantee, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under the condition, warranty or guarantee, the condition, warranty or guarantee is deemed to be included in this agreement. However, to the extent permitted by law, RAW's liability for failure to comply with any such condition, warranty or guarantee is limited (at RAW's option, and as determined by it) to:
- in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by RAW); and
- in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by RAW).
Except as specified in this clause 9, to the extent permitted by law, under no circumstances will RAW be liable to you for any loss, damages, claims or costs whatsoever (including any consequential, indirect or incidental damages) arising under or in connection with this agreement or your use of the Application, regardless of how they arise.
Without prejudice to the generality of the foregoing, you expressly agree and acknowledge that, to the maximum extent permitted by law, your use of the Application is solely at your own risk.
No responsibility for Apple
In these terms, "Apple" means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, USA, and "App Store" means an electronic store and its storefronts branded, owned and/or controlled by Apple or an affiliate of Apple.
You acknowledge that this agreement is between you and RAW and is not with Apple. As such, Apple has no obligation whatsoever to:
- furnish any maintenance or support services with respect to the Application;
- address any claim related to the Application and your possession and use of the Application, including but not limited to:
- product liability;
- any claim that the Application fails to conform to any applicable legal or regulatory requirement;
- claims arising under consumer protection or similar legislation; and
- any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple 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 the sole responsibility of RAW (to the extent recoverable under this agreement).
Notwithstanding clause 10, you acknowledge that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement and that upon your acceptance of this agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
You represent and warrant that you are 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
To the extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the Application. Any claims losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty or liability that cannot lawfully be excluded by RAW will be the responsibility of RAW. In the event of any third party claim that the Application or your possession or use of it infringes that third party’s intellectual property rights, RAW, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim (to the extent RAW has any liability for such claim under this agreement).
If you fail to comply with any term of this agreement, RAW may terminate this agreement, and your right to use the Application, by notice to you. Termination of this agreement will not affect any rights or liabilities you or RAW have accrued up to that time. Upon termination of this agreement you must stop using, uninstall and destroy all copies of the Application in your possession or control (including on your Device).
You may not assign, transfer or otherwise deal with the rights under this agreement without the prior written consent of RAW. This agreement will be governed by and construed in accordance with the laws in force in the State of Western Australia, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State. If any term of this agreement is held unenforceable or illegal for any reason, the agreement will remain otherwise in full force apart from that provision.
Questions, complaints or claims about the Application should be directed to: firstname.lastname@example.org