End User License
This End User Licence Agreement (Agreement) applies to your use of the applications that operates on Android / iOs. Before you launch into using those Apps you need to read and accept this Agreement.
In this Agreement “SuperOzBros” means developed by SuperOzBros, “Google” means Google Inc, “Apple” means Apple Inc and “we” means you and SuperOzBros.
What about Google / Apple?
This Agreement is between SuperOzBros and you (and is not with Google / Apple) and applies to your use (which includes the use of a child under your care, supervision or authority) of those SuperOzBros Apps that operates on Android / iOs. SuperOzBros (not Google / Apple) is solely responsible for those SuperOzBros Apps.
When you purchase your SuperOzBros App through Google’s /Apple’s App Store, the Google / Apple App Store Terms of Service apply. SuperOzBros (or its nominee) may enforce the Agreement against you.
How can I use my SuperOzBros Apps?
This SuperOzBros Apps are designed especially for kids aged 1 – 5. Your licence to use this SuperOzBros Apps are non-transferable other than for the purpose of allowing your child, or a child under your care supervision or authority, aged 9 years or above, to use the SuperOzBros Apps. You can only use this SuperOzBros Apps for personal, educational or non-commercial purposes on an Google / Apple-branded product that runs the Android / iOs software that you own or control. Your use is subject to the Usage Rules set out in the App Store Terms of Service that you have agreed to with Google / Apple.
SuperOzBros owns or licences all intellectual property rights to the SuperOzBros Apps, including the content in the SuperOzBros Apps and SuperOzBros’s trade marks. Except as permitted by this Agreement, SuperOzBros’s intellectual property may not be used in any way or for any purpose without SuperOzBros’s permission.
Of course, SuperOzBros would love you to tell your friends about how great your SuperOzBros Apps are, but you can’t share it by forwarding or sending to any person.
Should I rely on it?
SuperOzBros uses reasonable care and skill to make sure the information in its products is accurate and up to date. However, SuperOzBros can’t always guarantee that the SuperOzBros Apps are error free or continuous.
When you download or use the SuperOzBros Apps, we are not aware of any particular purpose for which you intend to use that SuperOzBros Apps. You need to ensure that the SuperOzBros Apps are suitable for any purpose for which you intend to use it.
Limitation of liability and indemnity
The following applies to end users who live outside Australia, the UK and the EU:
WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH THE USE OF SUPEROZBROS APPS OR ANY CONTENT CONTAINED IN THE SUPEROZBROS APPS. THE SUPEROZBROS APPS ARE PROVIDED “AS IS”. THE INFORMATION CONTAINED IN SUPEROZBROS APPS IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD VERIFY CRUCIAL INFORMATION (LIKE ADVICE ABOUT VISAS AND HEALTH AND SAFETY) INDEPENDENTLY BEFORE YOU TRAVEL.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUPEROZBROS APPS OR THEIR CONTENT AND EXCLUDE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY WHICH MAY ARISE AS A RESULT OF THEIR USE. WE WILL NEVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, OR LOSS OF PROFITS OR REVENUE ARISING OUT OF THE USE OF ANY SUPEROZBROS APPS. YOU INDEMNIFY SUPEROZBROS AGAINST EACH CLAIM, ACTION, PROCEEDING, JUDGMENT, DAMAGE, LOSS, EXPENSE OR LIABILITY INCURRED OR SUFFERED BY, OR BROUGHT, MADE OR RECOVERED AGAINST US IN CONNECTION WITH ANY BREACH BY YOU OF THESE TERMS.
Nothing in this Agreement excludes liability for death or personal injury caused by negligence, or liability for fraudulent misrepresentation. Subject to the previous sentence, our liability to you under this Agreement is limited to resupply of the SuperOzBros Apps, or payment of the costs of resupplying the SuperOzBros Apps.
THE FOLLOWING APPLIES TO END USERS WHO LIVE IN AUSTRALIA, THE UK AND THE EU:
WE USE REASONABLE CARE AND SKILL TO ENSURE THE ACCURACY OF THE INFORMATION PROVIDED IN THE SUPEROZBROS APPS. INFORMATION CONTAINED IN THE SUPEROZBROS APPS MAY NOT BE FULLY ACCURATE AND IS PROVIDED “AS IS”.
However, certain laws also provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in this Agreement is to be taken to exclude, restrict or modify any guarantee, condition or warranty that SuperOzBros is prohibited by law from excluding restricting or modifying.
Subject to your rights under law (which cannot be excluded), SuperOzBros:
DOES NOT WARRANT OR GUARANTEE THAT THE SUPEROZBROS APPS WILL BE 100% ACCURATE OR CONTINUOUS AT ALL TIMES. THE INFORMATION CONTAINED IN SUPEROZBROS APPS IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS.
Subject to the paragraph below, SuperOzBros is responsible for:
loss suffered by you as a result of a serious breach of contract by SuperOzBros if the loss was reasonably foreseeable by both you and SuperOzBros when this Agreement was entered into; and
damage to property caused by SuperOzBros’s negligence if the loss was reasonably foreseeable at the time when this Agreement was entered into however, SuperOzBros will only repair or replace the property (or pay to do so).
SuperOzBros is not responsible for:
loss that was not reasonably foreseeable;
loss that was not caused by SuperOzBros’s breach of contract or by SuperOzBros’s negligence;
business losses (such as lost data, lost profits or business interruptions) or loss suffered by non-consumers;
losses caused by factors which could reasonably be considered to be outside SuperOzBros’s control (such as faults in third party equipment); and
any loss caused, or contributed to, by your breach of contract or your, or your child’s negligence.
You must take all necessary steps to minimise the extent of any loss you may suffer in accordance with this Agreement, and you must notify SuperOzBros in writing of your loss within 30 days.
If your SuperOzBros App does not comply with any warranty given by Google / Apple, you should notify Google / Apple.
If you need help or want to make a complaint, you can contact SuperOzBros at email@example.com.
What else should I know?
SuperOzBros (not Google/Apple) is responsible for providing any maintenance and support of the SuperOzBros Apps.
SuperOzBros (not Google/Apple) is responsible for:
• addressing any claims from you or any third party relating to the SuperOzBros Apps, or your use and/or possession of the SuperOzBros Apps, including: (i) product liability claims; (ii) any claim that the SuperOzBros Apps fails to conform with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and
• the investigation, defense, settlement and discharge of any third party claim that the SuperOzBros Apps or your use or possession of the SuperOzBros Apps infringes their intellectually property rights.
You cannot download or use the SuperOzBros App if:
you are in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; or
if you are listed on any United States Government list of prohibited or restricted parties.
Any legal issues arising from your use of the SuperOzBros Apps will be dealt with under the laws. If there is a conflict between this Agreement and Google’s/Apple’s App Store Terms of Service, Google’s/Apple’s App Store Terms of Service will prevail to the extent of the inconsistency.
For more information on SuperOzBros mobile applications, visit http://superozbros.com.
© SuperOzBros 2017
© Copyright 2019 Super Oz Bros · All Rights Reserved