Terms of Use

Terms of Use – Rubbermaid Commercial Products Application

These Terms of Use (the Terms) apply to your use of our services and of the Rubbermaid Commercial Products Application (the App) and the Rubbermaid Commercial Products website (Website) offered by Newell Australia Pty Limited (ABN 68 075 071 233) (Newell, we, us or our). These Terms form the agreement between you and us, governing your use of the App, Website and our services which we offer to you through our App and Website. By using the App or Website, you agree to comply with these Terms and acknowledge that the Terms create a binding, legal agreement between us and you.

We may amend the Terms from time to time. Amendments become effective when we post the updated terms on the App or on our website. Your continued access to or use of the App or Website after the Terms are updated constitutes your consent and agreement to be bound by the updated Terms.

1. INTERPRETATION

The terms below are defined as follows:

“Business Day” means a day that is not a Saturday, Sunday or public holiday in Victoria, Australia.

“Claim” means, in relation to a party, a demand, claim, action or proceeding made or brought by or against that party, however arising and whether present, unascertained, future or contingent.

“Confidential Information” means in relation to a party information in any form or media, that is by its nature confidential, is designated by that party as confidential, or the other party knows or ought reasonably to know is confidential, and includes including any information relating to the financial affairs, assets or liability of a party, or any information relating to the internal management of a party, its personnel, policies, plans, strategies, customers, suppliers, products or services. Confidential Information does not include information or material which:

  1. is or becomes generally known to the public other than through a breach of these Terms;
  2. at the time it was first disclosed to a party, was already in that party’s lawful possession;
  3. is developed independently by a party; or
  4. is disclosed to a party by a third party entitled to disclose it.

“Corporations Act” means the Corporations Act 2001 (Cth).

“Developments” has the meaning given in clause 2.1(c).

“Effective Date” means the date on which you begin using the App, Website and accept these Terms.

“End User” means any individual, natural person who is an end user of the App, Website and is an employee or contractor of you.

“EULA” means the terms set out in Annex 1 (EULA) under which we grant an End User access to the App and Website.

“Force Majeure Event” means any event outside the reasonable control of the party which prevents the performance of any obligation and which event:

  1. was not caused or contributed to by that party;
  2. could not have been prevented by reasonable precautions or remedied by reasonable expenditure by the party which is seeking to rely on the event; and
  3. could not reasonably be circumvented through alternate sources (including through business or service continuity planning).

“Incident” has the meaning given in clause 10(c).

“Intellectual Property Rights” means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

“IP Claim” has the meaning given in clause 3.3(a).

“Licensed Materials” has the meaning given in clause 2.1(b).

“Loss” includes any loss, damage, liability, fines, penalties, interest and expenses (including any legal cost and expense and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties) on a full indemnity basis however it arises and whether it is present or future, fixed or unascertained, actual or contingent, direct or indirect.

“Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).

“Personnel” of a party means officers, employees, contractors, agents, subcontractors and professional advisors of that party, and includes officers, employees, contractors, agents and subcontractors of any subcontractor.

“Privacy Laws” means any applicable law governing the use, handling, collection, storage or disclosure of Personal Information which is applicable to the obligations of a Party under this Agreement, including the Privacy Act 1988 (Cth) as amended and updated from time to time.

“Products” has the meaning given in clause 2.1(a).

2. THE APP AND WEBSITE

2.1 What we provide

  1. The App is a technology platform operated by us that is accessed via smart devices including smart phones, tablets and other similar devices (whether through ioS or Android operating systems) to provide information and training about the use of products and services offered by us (Products). The Website provides the same content as the App through a web browser.
  2. We make the App, Website and related documentation (Licensed Materials) available to you in accordance with these Terms.
  3. We may automatically transmit, install and/or otherwise provide developments, including modifications, enhancements, new versions and/or new releases of the Licensed Materials (Developments) without further notice to or consent from you. There may be a disruption to access to, or the operation of, the App and/or Website when changes are made. We will endeavour to notify you where material changes are made that may impact your operation of the App and/or Website, however we may not always be able to notify you.
  4. Notwithstanding clause 2.1(c), you acknowledge and agree that we are not obliged to modify any of the Licensed Material, whether for your use, to meet the requirements of any standards or legislation or for any other reason, or to provide you with any updates or improvements.
  5. The App and Website may make use of third party platforms to host and serve content (eg, we may use Vimeo and Amazon Web Services to host and serve video files and PDF documents) and you acknowledge and agree that we are not responsible for any third party website or their privacy practices. It is your responsibility to review any terms and conditions and privacy policies of any third party website.

2.2 Use of the App and Website

  1. You acknowledge and agree that in order for your Personnel to access the App, Website and our services, you must procure and ensure that your Personnel agree to the terms of the EULA.

3. YOUR ACCOUNT

  1. Your account will be created upon you signing up via a smart device application or desktop browser and providing the information required as set out below. You will be granted access to the platform (in our sole discretion) within approximately 12-24 hours of you signing up.
  2. When registering your account, you must provide us with certain information including Personal Information, including your title*, first name*, last name*, email*, phone number*, company/organisation*, industry*, country*, state*, distributor, RCP Products in use*, password*. Those fields marked with an * are mandatory fields, if you do not provide this information, then we may not be able to provide you with access to the App.
  3. We will handle any of your personal information at all times in compliance with our Privacy Policy and as set out under clause 10 (Privacy).
  4. You are responsible for all activity that occurs under your account regardless of whether that activity is undertaken or authorised by you. You agree to maintain the confidentiality and security of your account username and password at all times and agree to inform us immediately if you have reason to believe that your password has become known to anyone else, or being, or is likely to be, misused in any way.
  5. If you have breached these Terms, we reserve the right to suspend or terminate your account and/or your use of the App and/or permanently or temporarily block your access to all or part of the App without liability to you.
  6. If we end your rights to use the App, you must:
    1. stop all activities authorised by these Terms, including your use of any of the App; and
    2. delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and, if requested by us, confirm to us in writing that you have done this.

4. UNACCEPTABLE USE OF THE APP AND WEBSITE

  1. Without limiting any of these Terms, you must not (and you must ensure that your Personnel do not) engage in any conduct or activity, (including omitting to do something) and must not attempt to:
    1. use the App or Website in any way that is unlawful or is not permitted by these Terms;
    2. use the App in any way that causes, or is likely to cause, any interruption, damage or otherwise impair the App in any way or would negatively affect or otherwise diminishes the quality of another user’s experience of the App or Website;
    3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
    4. remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to or encoded or recorded in or on the Licensed Materials;
    5. copy or otherwise reproduce the Licensed Materials (or any part of any of them), post, publish or create derivative works based on the Licensed Materials;
    6. sell, market, licence, sublicense, distribute or otherwise grant to a third party any right to use the Licensed Materials;
    7. decompile or reverse engineer the App or Website, or to take any other action to discover the source code or underlying ideas or algorithm of any components of the App or Website;
    8. translate, merge, adapt, vary, alter or modify, the whole or any part of the Licensed Materials nor permit the Licensed Materials (or any part of any of them) to be combined with, or become incorporated in, any other programs; or
    9. utilise any data gathering and extraction tools, such as robots, to extract for re-utilisation any part of the Licensed Materials.
  2. You must not make or cause to be made or be associated with, any statement or comment which disparages us at any time.

5. APP STORE & GOOGLE PLAY

  1. With respect to the App, you acknowledge and agree that you must comply with all relevant App Store and Google Play user terms and conditions (as appropriate and as may be amended from time-to-time).

6. INTELLECTUAL PROPERTY RIGHTS

6.1 General

  1. No Intellectual Property Rights in the Licensed Materials are assigned to you and you acknowledge and agree that we own all Intellectual Property Rights in the Licensed Materials. You have no Intellectual Property Rights in, or to, Licensed Materials other than the right to use them in accordance with, and as expressly granted by, these Terms. Any rights not expressly granted by these Terms are reserved by us. This includes all right, title and interest in the object code and source code of the App and Website.

6.2 Licence to Use the Service

  1. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable licence in and to the Licensed Materials as set out in these Terms in Australia and New Zealand (only) during the term of your access and use of the App and Website under these Terms, unless we or you terminate earlier in accordance with these Terms.

6.3 IP Claims

  1. If you become aware of a Claim that the Licensed Materials, or their use in accordance with these Terms, infringes the Intellectual Property Rights of any person (IP Claim), you must promptly notify us (and at least within 2 days) in writing, together with details of the IP Claim.
  2. Without affecting our rights to defend an IP Claim brought against us, you must, if requested in writing by us ensure that you provide all necessary co-operation, information and assistance requested by us (at our expense) to defend, settle or compromise an IP Claim made against us.
  3. You acknowledge and agree that if the whole or any part of the Licensed Materials is held to constitute an infringement that will take such as action as we determine is necessary in our sole discretion.

7. COMMUNICATIONS

  1. We will communicate with you in connection with the App and Website electronically in a variety of ways, including through text message for confirmation of your order, in-app push notifications or email. You consent to receive communications from us in relation to the App and Website and for the purposes of direct marketing our products and services to you.
  2. You may opt-out of receiving in-app push notifications or any direct marketing at any time by adjusting the App settings on your device. You acknowledge that opting-out of in-app push notifications may impact your use of the App and that we may not be able to contact you as contemplated in these Terms.

8. PRIVACY

  1. Both Parties will comply with the Privacy Laws in doing any act or engaging in any practice in relation to Personal Information collected by that party pursuant to these Terms.
  2. If you provide Personal Information, under or in connection with these Terms, you must have all the rights, consents and permissions, and have otherwise taken all necessary steps required by applicable laws, for you to provide the Personal Information to us, and for us to use the Personal Information as set out in these Terms.
  3. You must immediately notify us and provide all details of any security or other incident (including any unauthorised system intrusion by third parties) occurs, or is suspected or likely to occur on the App or Website, or that may impact the Licensed Materials (Incident), including as may result in any unauthorised access to or disclosure of, loss of, misuse, corruption or other damage to Personal Information.
  4. In the event of any Incident, you must provide us with all information we request about the event and co-operate with our reasonable directions in respect of any Incident.

9. WARRANTIES

  1. We provide the Licensed Material on an “as is” and “as available” basis, and exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.
  2. In particular, and without limiting the above:
    1. while we endeavour to provide a convenient and functional App and Website, we do not guarantee that your requirements will be met, that the App is accurate or complete, or that your use of the App or Website will be uninterrupted, secure or error free or that the App or Website is free of viruses or other harmful components; and
    2. you acknowledge that there may be times when the App and/or Website may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way.
  3. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.

10. OUR LIABILITY TO YOU

  1. To the maximum extent permitted by law, in no circumstances are we liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect or consequential Loss or damage, loss of business profits, loss of revenue, loss of opportunity, loss of goodwill or anticipatory profits, or business interruption, incurred by you under or in connection with Terms or its subject matter.
  2. To the extent permitted by law, our liability for any Loss arising under or in connection with these Terms, however it arises and whether in contract, tort (including negligence and breach of statutory duty) or otherwise, is limited to $1,000 Australian Dollars.
  3. If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a non-excludable provision), and we are able to limit your remedy for a breach of the non-excludable provision, then our liability for breach of the non-excludable provision is limited exclusively (to the maximum extent permitted by law) at our option to the supplying of the App or Website again, or the payment of the cost of having the App or Website supplied again.

11. YOUR LIABILITY

  1. You indemnify us and each of our respective officers, employees and agents (Indemnified Parties) on demand the amount of all Loss (including without limitation loss of profit and other consequential or indirect Loss) where such Loss arises in connection with:
    1. your breach of any third party right including any intellectual property rights;
    2. any fraudulent or wilful acts or omission of you or any of your End Users; or
    3. your breach of clause 4 of these Terms (Unacceptable Use of the App and Website).

12. FORCE MAJEURE

  1. Neither party will be liable for any delay or failure to perform its obligations pursuant to these Terms if such delay is due to a Force Majeure Event. If a delay or failure of a party to perform its obligations is caused or anticipated due to a Force Majeure Event, the performance of that party’s obligations will be suspended.

13. GENERAL

  1. These Terms are governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
  2. The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
  3. Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The remainder of these Terms will remain in full force and effect.
  4. A right may only be waived in writing, signed by the party giving the waiver, and:
    1. no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right;
    2. a waiver of a right on one or more occasions does not operate as a waiver of that right or as an estoppel precluding enforcement of that right if it arises again; and
    3. the exercise of a right does not prevent any further exercise of that right or of any other right.
  5. This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
  6. Neither party may assign or otherwise transfer its rights under these Terms without the prior written consent of the other party (which must not be unreasonably withheld).
  7. Nothing in these Terms creates a joint venture, partnership or agency relationship between you and us and neither party has authority to bind any other party.
  8. Where these Terms contemplate that we may agree or consent to something (however it is described), we may:
    1. agree or consent, or not agree or consent, in its absolute discretion; and
    2. agree or consent subject to conditions,

    unless these Terms expressly contemplates otherwise.

 

Annex 1

End User Licence Agreement – Rubbermaid Commercial Products Smart Device Application

This End User Licence Agreement (the EULA) applies to your use of our services and of the Rubbermaid Commercial Products Application (the App) and the Rubbermaid Commercial Products website (Website) offered by Newell Australia Pty Limited (ABN 68 075 071 233) (Newell, we, us or our). This EULA forms the agreement between you and us, governing your use of the App and our services which we offer to you through our App and Website. By using the App or Website, you agree to comply with this EULA and acknowledge that the EULA creates a binding, legal agreement between us and you.

PLEASE READ THIS EULA CAREFULLY BEFORE ACCESSING AND USING THE APP OR DOWNLOADING ANY UPDATES. BY ACCESSING AND USING THE APP OR DOWNLOADING ANY UPDATES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA DO NOT ACCESS OR USE THE APP OR DOWNLOAD ANY UPDATES.

1. HOW THE APP WORKS

The App is a technology platform operated by us to provide information and training about the use of products and services offered by us (Products). The Website provides the same content as the App through a web browser.

2. INTELLECTUAL PROPERTY

We grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable licence to:

  • access and use the App on your personal device and the Website via a web browser solely in accordance with the terms of this EULA; and
  • access and use any content, information and related materials (including any updates of the App incorporating ‘patches’ and corrections or errors) that may be made available through the App or Website,

in each case, solely for your personal, non-commercial use. In addition, you may share the App and the Service in accordance with the rules set out in https://www.apple.com/family-sharing/ and/or in https://support.google.com/googleplay/answer/7007852?hl=en.

No intellectual property rights in the App and Website (and related documentation) or otherwise are assigned to you and you acknowledge that we own all intellectual property rights in the App and Website (and in any related documentation). You have no intellectual property rights in, or to, the App (or related documentation) other than the right to use them in accordance with the terms of this EULA.

Any rights not expressly granted in this EULA are reserved by us. This includes all right, title and interest in the object code and source code of the App and Website.

Other than to the extent necessary to use the App and Website, you must not, without our prior written consent:

  • copy the App or Website, or any part of it, or create derivative works based on the App or Website;
  • decompile or reverse engineer the App or Website, or take any other action to discover the source code or underlying ideas or algorithm of any components of the App or Website;
  • translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Website (or documentation), nor permit the App or Website, or any part of them, to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices or use the Website as permitted in this EULA; or
  • use any data gathering and extraction tools, such as robots, to extract for re-utilisation any part of the App or Website.

3. YOUR ACCOUNT

To use most aspects of the App and or Website, you will need to create a personal user account and accept this EULA.

You must be aged 18 or over to create an account and use the App and Website.

When registering for an account, you must provide us with certain personal information, such as your name, address, and mobile phone number. We will handle all personal information in accordance with our Privacy Policy (please see further under Section 8 (Privacy and Data)).

You are responsible for all activity that occurs under your account regardless of whether that activity is done or authorised by you. You agree to maintain the security and secrecy of your account username and password at all times and agree to inform us immediately if you have reason to believe that your password has become known to anyone else, or is being, or is likely to be, misused in anyway.

If you breach this EULA, we reserve the right, to the extent permitted by applicable laws, to suspend or terminate your account and/or your use of the App and Website and/or permanently or temporarily block your access to all or part of the App and Website without liability to you.

You may, at any time, delete your account, cease using the App and Website, using the tools and settings we make available to you.
If we end your rights to use the App and Website:

  • you must stop all activities authorised by this EULA, including your use of any of the App and Website; and
  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App that you have and confirm to us that you have done this.

You may delete your account at any time by notifying us that you wish to delete your account.

Prior to deleting your account, you must ensure that you have paid for all outstanding orders.

4. YOUR USE OF THE SERVICE

4.1 Communications

We will communicate with you in connection with the App and Website electronically in a variety of ways, including through text message, in-app push notifications or email. You consent to receive communications from us in connection with the App and Website.

You may opt-out of receiving in-app push notifications by adjusting the App settings on your mobile device. You acknowledge that opting-out of in-app push notifications may impact your use of the App.

You may communicate with us by using the functionality within the App or by email to mail@rcpanz.com.au

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4.2 Conditions of use

When using the App and Website, you must not, and must not attempt to:

  • use the App or Website in any way that is unlawful or is not permitted by this EULA;
  • use the App or Website in any way that causes, or is likely to cause, any interruption, damage or otherwise impair the App or Website in any way or would negatively affect or otherwise diminishes the quality of another user’s experience of the App or Website;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
  • remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to or encoded or recorded in or on the App or Website;
  • sell, market, licence, sublicense, distribute or otherwise grant to a third party any right to use the App or Website; or
  • combine or merge any part of the App or Website with or into any other software or documentation or refer to or otherwise use the App or Website as part of any effort to develop software having any functional attributes, visual expressions or other features similar to those of the App or Website.

At our discretion, we may at any time without prior notice restrict, block or disable access, edit and/or remove some parts of or the entire App, Website or any content, including any material which in our reasonable opinion may give rise to a breach, or be in violation of this EULA, or is otherwise harmful.

4.3 Complaints

If you would like to make a complaint or provide any other feedback on the App or Website, please notify us in writing at mail@rcpanz.com.au To enable us to provide a comprehensive response, please provide full particulars of a complaint and allow us a reasonable amount of time to investigate the complaint before giving you a written response.

5. ACCESS TO THE SERVICE

You acknowledge that the accessibility and functionality of the App and Website requires a connection to the internet.

If you are using the App you must also download the most recent version of the App available on the Google Play Store or Apple iTunes Store and maintain current software on your smart phone (or other device), as updated from time-to-time.

You are responsible for all fees and charges associated with accessing the internet and for updating your copy of the App and operating system so as to meet the minimum requirements. These may include charges imposed by your mobile network in relation to data use and messaging.

Access to the App and Website may be suspended temporarily without notice in the case of system failure, maintenance or repair, or any reason beyond our control. We do not guarantee that the App or Website will be available 24/7 and reserve the right, without prior notice to you, to suspend the App and/or Website pending maintenance, repair, diagnosis, analysis or upgrade of the App or Website or to modify the App or Website, or discontinue the App or Website at any time, in any event, without liability to you.

6. WARRANTIES

We provide the App and Website on an “as is” and “as available” basis, and exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.

In particular, and without limiting the above:

  • while we endeavour to provide a convenient and functional App and Website, we do not guarantee that your requirements will be met, that the App or Website is accurate or complete, or that your use of the App or Website will be uninterrupted, secure or error free or that the App or Website is free of viruses or other harmful components; and
  • you acknowledge that there may be times when the App or Website may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.

7. PRIVACY & DATA

7.1 Collection, Use and Disclosure

Under applicable privacy laws, we are required to provide you with certain information about who we are, how we process your personal information (as that term is defined in the Privacy Act 1988 (Cth)) and for what purposes, and your rights in relation to your personal information and how to exercise them.

This information is provided in https://rcpasean.com/privacy-policy/ (Privacy Policy) and it is important that you read that information. We collect, use, disclose and handle your personal information in accordance with our Privacy Policy.

You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the App or Website or our termination of this EULA. If you change or deactivate your mobile telephone number, you must update your account information within 48 hours to ensure that messages are not sent to the person who acquires your old number.

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide our services to you.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App and Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

7.2 Rights in data

Unless our Privacy Policy states otherwise, we, including our employees, agents and contractors, may use, reproduce, distribute and retain all data generated by, submitted to or evaluated utilising the App and Website and all associated data residing on our systems for the purposes of:

  • system and network maintenance, and the diagnosis, investigation and correction of actual or suspected performance issues;
  • measurement or evaluation of software, services or App and Website usage and performance, and information security;
  • recommending, developing or monitoring improvements, upgrades or enhancements;
  • performing our obligations under this EULA;
  • analysing, modelling and auditing;
  • protecting against and/or preventing actual or potential fraud; and/or
  • compliance with relevant laws.

8. LIMITATION OF LIABILITY

To the maximum extent permitted under any applicable laws, in no circumstances are we liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect or consequential loss or damage, loss of business, loss of profits, loss of revenue, loss of opportunity, loss of goodwill or anticipatory profits, or business interruption, incurred by you under or in connection with this EULA or its subject matter.

To the extent permitted by law, you agree that our aggregate liability for any claims under or in connection with this EULA, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed $500 Australian Dollars.

If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a non-excludable provision), and we are able to limit your remedy for a breach of the non-excludable provision, then our liability for breach of the non-excludable provision is limited exclusively (to the maximum extent permitted by law) at our option to the supplying of the App or Website again, or the payment of the cost of having the App or Website supplied again.

9. APP STORE & GOOGLE PLAY

With respect to the App, you acknowledge and agree that you must comply with all relevant App Store and Google Play user terms and conditions (as appropriate and as may be amended from time-to-time).

10. GENERAL

10.1 Changes to this EULA

We may amend this EULA from time to time. Amendments become effective when we post the updated terms on the App or on our website. Your continued access to or use of the App or Website after this EULA is updated constitutes your consent and agreement to be bound by the updated EULA.

10.2 Disputes

The parties must first attempt to resolve any claim or dispute arising out of or relating to this EULA in an amicable manner by mutual agreement in the first instance and, in failing mutual agreement, by mediation with a mutually acceptable mediator based in Melbourne, Victoria, Australia, prior to commencing any legal action.

10.3 Governing Law & Jurisdiction

This EULA is governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of Victoria and the Commonwealth of Australia.

10.4 Survival

The provisions of this EULA which by their nature survive termination or expiry of this EULA will survive termination or expiry of this EULA.

10.5 Severance

Any provision of this EULA which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The remainder of this EULA will remain in full force and effect.

10.6 Waiver

If we fail to enforce any of this EULA, it will not be considered a waiver. Any amendment to or waiver of this EULA must be made in writing and signed by us.

10.7 Assignment

We may assign, novate or otherwise delegate all or any of our rights or obligations under this EULA to any person or entity.