Mobile Application Terms of Use

1. About these Terms of Use

By using this mobile application (App) you agree to the following terms of use (Terms). This App may only be used by individuals (natural persons) over 18 years of age. If you do not accept these Terms or you are not over 18 years of age, you must cease using the App and uninstall it from your device immediately.

We may amend these Terms at any time. We publish the current Terms in the latest version of this App, or you may obtain a copy by contacting us. You agree that any updated Terms will apply from the time that they are published in the latest version of the App.

2. Use of the App

These Terms govern the use of the App on your device. We grant you a non-transferable and non-exclusive licence to use the App in accordance with these Terms.

While we endeavour to ensure that all information and features made available through this App (Content) is accurate, complete, up-to-date, reliable and error-free, you acknowledge that this may not always be the case and that we do not represent or warrant that this will be the case.

Any Content may be changed, withdrawn or discontinued at any time and without notice. The Content does not necessarily reflect our views or opinions. The Content may not be tailored to your particular circumstances and does not constitute advice or a recommendation.

We accept no liability for any use of the Content or any reliance placed on it. Any use of or reliance on the Content is entirely at your own risk and you acknowledge and agree that it is your responsibility to verify any Content and seek your own independent advice (if required). We are not responsible for any loss you may suffer as a result of using the App.

Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (and must not attempt to or authorise any other person to) directly or indirectly:

  • Copy, alter, amend, modify, add to, merge, store, print, publish, distribute, commercialise, adapt, create derivative works from, adversely affect, reverse engineer, hack or insert malicious code into the App or Content, including but not limited to extracting data from the App or Content through any automated means;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the App;
  • Combine the whole or any part of the App or Content with any other software, data or material;
  • Remove, alter, circumvent or tamper with any trade marks, copyright notices, technological protection devices, disclaimers or other legal notices;
  • Remove, alter, circumvent or tamper with any trade marks, copyright notices, technological protection devices, disclaimers or other legal notices;
  • Cause anything to occur that may disrupt the availability of the App or any other service, or engage in hacking relating to the App;
  • Use any part of the App for any commercial gain;
  • Engage in any conduct which is in our opinion illegal, fraudulent, defamatory, abuse, offensive, would infringe another person’s rights, or that we otherwise deem to be inappropriate or a misuse of the App;
  • Send commercial electronic messages or any other unsolicited communications of any kind to any person (or use information obtained from the App in order to do so); or
  • Use the App in any way which infringes on any intellectual property rights that subsist in or relate to the App.

3. Fees and charges

We do not charge fees to use the App

You may incur data and other charges from your mobile service provider or internet service provider for downloading and using the App. The payment of any such fees is your sole responsibility and you agree that we are not liable or responsible for any such fees or charges.

4. Availability

You acknowledge and agree that Content may be obtained by this App using the Internet or other communication networks which are not operated by us and which may be affected by factors outside of our control. Accordingly, we cannot guarantee the availability of this App or any Content at any time.

We do not accept any responsibility for unavailability of this App or any Content, any interruption in its operation or any inability to download or access any Content.

5. Third parties

The App may contain links or advertisements for other businesses or services that are not related to us. We are not responsible for the practices of such third parties, the accuracy or currency of any third-party products, information or materials, or any damage or loss caused by the use of or reliance on these, and by providing such links we do not endorse or approve them. Those third parties may impose their own terms and conditions. These Terms apply only in respect of this App.

5. Third parties

The App may contain links or advertisements for other businesses or services that are not related to us. We are not responsible for the practices of such third parties, the accuracy or currency of any third-party products, information or materials, or any damage or loss caused by the use of or reliance on these, and by providing such links we do not endorse or approve them. Those third parties may impose their own terms and conditions. These Terms apply only in respect of this App.

6. Collection of information

We may collect your personal information in order to facilitate use the App. Our Privacy Policy contains information about how we deal with your personal information. The Privacy Policy may be viewed in the App and forms part of these Terms.

7. Intellectual Property

This App is protected by copyright and other intellectual property laws and international treaties.

We own or are licensed to use and exploit all intellectual property rights and other proprietary rights in the App and Content, including without limitation any text, graphics, designs, layouts, trade marks, logos, animations, videos, sound recordings, underlying source code and/or software compilations. No right to, title to or interest in any intellectual property rights or other proprietary rights is granted to you under these Terms, other than the licence granted to you under these Terms.

We reserve any rights not expressly granted by these Terms.

8. Security

We cannot guarantee the privacy, security and integrity of any information or data provided by you or your device to us or our servers (or vice versa), including through the normal functioning of the App. You acknowledge and agree that we will not be liable for any damage or loss caused as a result of any failures in this regard.

9. Disclaimer

We do not attempt or purport to exclude or limit any liability arising under statute (including the Competition and Consumer Act 2010) if, and to the extent, that liability cannot be lawfully excluded or limited or where to do so would contravene that statute or cause any part of these Terms to be void.

To the maximum extent permitted by law, we, our related bodies corporate, directors, shareholders, agents and employees:

  • Excludeall liability for (and you hereby release us in respect of) any injury, loss or damage resulting from your use of or inability to use this App or the Content, or any reliance upon them, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort (including negligence) or otherwise;
  • Exclude any guarantees or warranties, either express or implied, with respect to these Terms and the App; and
  • To the extent that we cannot exclude our liability, then our liability will be limited to the resupply of the services or payment of the cost of resupplying the services.

We do not guarantee that the App will operate free of errors or defects or that it is free of computer viruses or any other malicious or contaminating computer code. We provide the App on an “as-is” basis and on the condition that you are responsible for assessing the accuracy and completeness of the content of the App and you rely on any such content at your own risk. We will have no liability to any party in respect of any action or inaction taken or thing done or omitted to be done by any party or person in reliance, either partial or whole, on the App or any Content.

10. Indemnity

You agree to indemnify us, our related bodies corporate, directors, shareholders, agents and employees for all loss, damages, penalties, fines, expenses, costs and other liability (including legal costs) arising out of or in relation to your use of the App, any Content, and any breach by you of these Terms.

11. Termination

The licence granted by these Terms will become effective upon installation of the App on your device.We may immediately terminate your entitlement to use this App at any time. We may discontinue support for the App orwithdraw its availability at anytime.

We may (but are not obliged to) give you notice of termination, in which case you agree to immediately cease all use of this App in accordance with that notice.

12. General

These Terms will be governed in all respects by the laws of South Australia. You submit to the exclusive jurisdiction of the courts of South Australia and any courts of appeal from them with respect to any claim or dispute.

If any part of these Terms is invalid or unenforceable, that part will be severed and will not apply, but the remainder of these Terms will continue to operate.