In this document:
THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, THIS APP. IN ACCESSING OR USING THIS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS.
We may at any time change, modify, add or remove portions of these terms and conditions. If you use this App in the future, you may wish to look at these terms and conditions as they may have changed.
We do not represent or warrant that this App will be error-free or defect-free or that errors or defects will be corrected and we specifically disclaim any liability or responsibility for any App faults, failures or interruptions or the accuracy, timeliness, completeness or security of any communications transmissions of data. To the maximum extent permitted by law, we shall not be liable for any loss or damage of any kind (including, without limitation, liability to a third party) which you may suffer or incur as a result of such activity. You must use this App for lawful purposes only and in compliance with all applicable laws. You must not misuse, in any way, this App or any materials available through this App (including, without limitation, copying, adapting, reproducing, storing, distributing, printing, displaying, performing, publishing, communicating to the public or creating derivative works of the whole or any part of those materials except as expressly permitted by, or as is reasonably contemplated by, the normal use of this App). Your use of this App is also governed by the iTunes Store terms and conditions and you should familiarise yourself with those terms.
We do not warrant or represent the accuracy, completeness or suitability for your intended use of any information on, or available through, this App. You are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate, complete and suitable for your intended use.
None of the information on this App is intended to constitute financial or professional advice. To the maximum extent permitted by law, we shall not be liable for any loss or damage of any kind (including, without limitation, liability to a third party), howsoever caused (including through our negligence), suffered or incurred by you arising from or in connection with your access to, or use of, this App. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
To the fullest extent permitted by law, our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these terms and conditions by any legislation (Statutory Warranties) is hereby excluded. Where we are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, our liability for any breach of such Statutory Warranties shall be limited, at our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.
We grant you a non-exclusive, non-transferable, limited right to access and use this App. You may view and download materials available through this App only for your personal, non-commercial use.
All copyright in any materials provided by us on this App (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, you must not, in any form, or by any means, copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public or create derivative works of the whole or any part of, or commercialise the whole or any part of, these materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade marks used on this page are a trade mark or registered trade mark of us or its respective owner. If you use any trade marks owned by us in reference to us, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in, or as the whole or part of, your own trade marks, or in connection with any business, products or services which are not ours, or in a manner which is or may be confusing, misleading or deceptive to any person, or in a manner which disparages us or this page.
If we waive, in whole or part, any rights available to us under these Terms & Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of these Terms & Conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms & Conditions, in which case, the remainder of these Terms & Conditions shall nevertheless continue in full force.
The laws governing these Terms & Conditions will be the laws in the State of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State.