End User Agreement (“Agreement”) – Story City
Date of Last Revision: 25 June 2020
Important Notice:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE, OR DOWNLOADING OR USING THE STORY CITY APP. THIS AGREEMENT SETS OUT HOW THE SITE AND APP IS LICENSED TO YOU TO USE.
1. Introduction
Thanks for using Story City. Except as otherwise provided in a written agreement signed by Story City, this agreement represents the entire understanding between you and Story City and our related companies (collectively, “Story City”) regarding your use of the Story City website (the “Site”), your submission of any materials to us, and your use of the App (the “App”).
This App and any accompanying online or electronic documentation (“App”) have been produced by and is the property of Story City Ltd Pty (“Story City”). Story City is referred to as “us”, “we”, and “our” in this Agreement. We are a company registered in Australia, with company number 616935552.
THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APP AND SITE SO PLEASE READ THIS CAREFULLY.
BY DOWNLOADING AND USING THE APP OR SITE YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE APP OR SITE.
By downloading, and using the App or Site, you signify your acceptance of this End User Agreement and your acceptance of the Privacy Policy.
Story City reserves the right, at any time, to modify, alter, update, or remove portions of this End User Agreement or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with this Agreement or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site and App.
2. Important Terms
ALL USE OF THE SITE, APP AND DOCUMENTATION IS SOLEY FOR USE BY USERS IN ACCORDANCE WITH THIS AGREEMENT. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APP AND SITE NOT IN ACCORDANCE WITH THIS AGREEMENT IS EXPRESSLY PROHIBITED.
THE AGREEMENT LIMITS STORY CITY’S LIABILITY AS IS SET OUT IN SECTION 16 (DISCLAIMER AND LIMITATION OF LIABILITY) BELOW.
IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIANS PERMISSION TO DOWNLOAD, INSTALL AND USE THE APP. THIS APP IS NOT MADE AVAILIBLE FOR USERS UNDER THE AGE OF 14 AND IF YOU ARE UNDER 14 YEARS OF AGE YOU SHOULD NOT DOWN LOAD OR USE THE APP.
YOUR USE OF THE APP REQUIRES YOU TO HAVE AN APPLE ITUNES OR GOOGLE PLAY ACCOUNT. YOUR ACCESS TO THE APP WILL BE LINKED TO YOUR APPLE OR GOOGLE ACCOUNT AND YOU ARE REQUIRED TO COMPLY WITH THE APPLE AND GOOGLE POLICIES TO USE THE APP, INCLUDING FOR ANY IN APP PAYMENTS.
3. Your Health And Safety
AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK AND ASSUMPTION OF RISK PARTICIPANTS: READ THIS CAREFULLY BEFORE DOWNLOADING AND USING THE STORY CITY APP. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
You are responsible for ensuring that you are of an appropriate fitness level to use the App. The purpose of the App is to encourage exercise and exploration and you should use general common sense in determining whether you are of good physical condition to undertake the exercise promoted by the App. If you are in any doubt, please consult your doctor.
When using the App, make sure you give due consideration for your environment and do not put yourself at risk of injury or harm. In particular, take care crossing roads and give due attention to fellow vehicles and pedestrians.
You understand and acknowledge that by downloading and using the App, you are legally agreeing to all of the following statements in exchange for being permitted to use the App, which includes both the Content (“Content”) and walking activities (“Related Activities”):
3.1. You understand that participating in Story City is a hazardous activity. You acknowledge that Story City is a test of your physical and mental limits that carries with it inherent risks of physical injury that cannot be eliminated completely, including but not limited to an above‐average risk of death and/or serious injury.
3.2. You expressly, knowingly and voluntarily assume all of the risks of participating in Story City. You understand and acknowledge that these risks include, but are not limited to: falls; illness; infection; contact or collision with other pedestrians; contact or collision with motor vehicles or machinery; contact or collision with other participants of varying skill levels; contact and the effects of contact with natural and man‐made fixed objects; natural and man‐made water, road and surface hazards; close proximity and/or contact with thick smoke and/or open flames; inadequate competition equipment and/or equipment failure; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog; imperfect activity conditions; and inadequate safety measures.
You understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss. You understand that the risks of participating in Story City may be caused in whole or in part by: your own actions or inactions; the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the acts, inactions, or negligence of the Released Parties (as defined below). You expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that you incur as a result of participating in Story City.
3.3. You agree that it is your responsibility to determine whether you are sufficiently fit, healthy, skilled and physically trained to safely participate in Story City. You hereby represent that you are, and on any date where you use the Story City App will be, in good health and in proper physical condition to safely participate in Story City. You certify that you have no known or knowable physical or mental conditions that would affect your ability to safely participate in Story City activities, or that would result in your participation creating a risk of danger to yourself or to others. You further certify that you have not been advised or cautioned otherwise by a medical practitioner.
You understand that the activity is such an test of human physical and mental limits that you may not be able to safely complete it, even if you are sufficiently fit, healthy, skilled and physically trained to safely participate. You understand that it is your responsibility to continuously monitor your own physical and mental condition during the use of the App, and you agree to withdraw immediately and to notify appropriate personnel if at any point your continued participation would create a risk of danger to yourself or to others. You acknowledge and agree that you will not be reimbursed any portion of any fees paid for participation in Story City activities if you withdraw before completing the activity, as you understand that all fees are paid only in exchange for the opportunity to participate to the best of your ability as described in this document, and in no way reflect an entitlement to complete the activity. You understand that you are strongly advised to consult a medical practitioner before participating, especially if you are pregnant, disabled, or have recently suffered any illness, injury, or impairment. You attest that you are covered by medical insurance, individually or as part of an organization.
3.4. You assume full responsibility for any injury, loss or damage associated with your use or consumption of alcohol and/or drugs at any point during a Story City activity. You understand the dangers associated with the use or consumption of alcohol and/or drugs and you recognize that such use or consumption might impair your judgment and motor skills. You certify that you are not, and on the dates of your use of the Story City App will not be, under the influence of alcohol or any drugs that would in any way impair your ability to safely participate in Story City. You assume full responsibility for any injury or loss to yourself or to others and for any damage to any personal or real property associated with your use or consumption of alcohol and/or drugs at any point during your use of Story City.
You further understand that the risks and dangers described in the paragraph above include but are not limited to all risks and dangers associated with the consumption of alcohol after participation in the activity. You understand that the activity is a test of mental and physical fitness and that the risks and dangers of consuming alcohol after such a test may be magnified. You take full responsibility for any decision to consume alcohol after completing the activity and you understand that it is your responsibility to know your own limits. You also understand that the responsibility for injury, loss or damage that you assumed in the paragraph above includes but is not limited to full responsibility for any injury or loss to yourself or to others and for any damage to any personal or real property associated with any such decision to consume alcohol. You hereby indemnify and agree to hold harmless the Released Parties (as defined below) from any injury, loss, or damage described in this section.
3.5. You agree to abide by the rules of Story City and to comply with the directions and instructions of Story City personnel. You agree to become familiar with and abide by all written and/or posted rules of Story City, as well as all written and/or posted rules of the areas in which you use the Story City App to complete an activity. You further agree to comply with all directions, instructions and decisions of Story City personnel, including but not limited to instructions or directions relating to the manner of your safe participation in the Related Activities and decisions that you will stop participation in the Related Activities at any time.
Except as otherwise prohibited by law, you agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and you acknowledge that they are reasonable and necessary to reduce risk; protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Story City. In addition to the above, you specifically acknowledge and agree to abide by the following rules: no urination or defecation is permitted outside of designated areas; and no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted. You also specifically agree to obey all civil and criminal laws, including traffic laws and regulations. You also agree to exhibit appropriate behaviour at all times; demonstrate respect for all people, equipment and facilities; and participate with a cooperative and positive attitude.
3.6. You agree to assume liability for any and all medical costs incurred as a result of your participation in Story City that are not covered by your insurance, including but not limited to costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. You agree to indemnify and hold harmless the Released Parties (as defined below) from all liability for such costs.
3.7. You grant permission to Story City to use your photograph and/or any other record of your participation in Story City for any legitimate purpose. You understand that any and all photographs, motion pictures, recordings, and/or likenesses of you captured during Story City activities by Story City (“Story City”), its affiliated entities or contractors, and/or the media become the sole property of Story City. You grant the right, permission and authority to Story City to use your name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. You further understand that Story City, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
3.8. You acknowledge that Story City reserves the right to cancel or reschedule Story City activities in the event of emergency or other disaster. You acknowledge that Story City in its sole discretion may delay, modify or cancel Story City content or activities if natural or man‐made emergencies make administering the activities unreasonably difficult or unsafe. You agree Story City, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labour difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. You further acknowledge that Story City in its sole discretion may also delay, modify or cancel Story City content or activities if conditions on the day of the activity are, in the sole judgment of Story City, in any way unsafe. In the event of a delay, modification, or cancellation of Story City as described in this paragraph, you understand that you will not be entitled to a refund of any paid fee or any other costs incurred in connection with Story City.
3.9. You hereby waive, release and forever discharge Story City and the other Released Parties from any and all claims you may have arising out of your participation in Story City. You covenant and agree not to sue Story City or any of the other Released Parties for any such claims.
In consideration of being permitted to use the Story City App, you hereby waive, release and forever discharge the following parties (the “Released Parties”) from any and all Claims (as defined below): Story City and its directors, officers, employees, agents, contractors, insurers and volunteers; any Story City partners and its directors, officers, employees, agents, contractors, insurers and volunteers; all Story City event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; all other persons or entities involved with Story City; all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with Story City; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing.
In consideration of being permitted to use the Story City App, you hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non‐economic), and causes of action, of any kind or nature, which you have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to your participation in Story City activities or your travel to or from areas that have Story City activities. You understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the site of Story City Content or Related activities or elsewhere); and claims for medical or hospital expenses. You understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties. You understand that this waiver, release and discharge operates for yourself as well as on behalf of your spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on your behalf.
3.10. You hereby agree to indemnify, defend and hold harmless Story City and the other Released Parties from any and all expenses incurred and claims made that relate to your breach of this Agreement. You hereby agree to indemnify, defend and hold harmless Story City and the other Released Parties from any and all expenses incurred and all claims made by yourself or others (including but not limited to court costs, attorneys’ fees and litigation expenses) that arise out of or result directly or indirectly from your breach or failure to abide by any part of this Agreement, your failure to follow any rules or directions as defined in Section 3.5 above, and/or any of your actions or inactions which cause injury or damage to any other person or property. You understand that this agreement to indemnify, defend and hold harmless operates for yourself as well as on behalf of your spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on your behalf.
You understand and acknowledge that by downloading and using the app, Content and Related Activities, you agree that the statutes and laws of the State of Queensland will apply to all matters relating to this Agreement, including participation in Story City, regardless of the actual location where you use the Story City App or the principles of conflict of laws. You agree that exclusive jurisdiction for any dispute with Story City resides in the courts of the State of Queensland and expressly consent to the exercise of personal jurisdiction in the State of Queensland in connection with any dispute. You understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the State of Queensland, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
BY DOWNLOADING AND USING THE STORY CITY APP, YOU AFFIRM THAT YOU ARE FOURTEEN (14) YEARS OF AGE OR OLDER (OR WILL BE ON THE DATES OF USE OF THE STORY CITY APP), OR YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR REGISTERED TO USE THE STORY CITY APP, YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND ITS CONTENT, AND YOU INTENTIONALLY AND VOLUNTARILY AGREE TO THE CONDITIONS IN THE END USER AGREEMENT.
4. App Developer Terms
The following terms of this clause 4 are the terms which we are required by Apple and Google to notify you of and obtain your consent in respect of using the App:
Acknowledgement
You and we acknowledge that this Agreement is concluded between you and us only, and not with Apple Inc, or Google Inc nor any subsidiary or affiliate company of Apple Inc, (“Apple”) or Google Inc, (“Google”). You also acknowledge that we are solely responsible for the App and the content thereof.
Grant of Licence
Subject to your compliance with all conditions of this Agreement we grant you a non-exclusive, personal, non-transferable license to use the App on an iOS or Android Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (Apple; Google)
Maintenance and support
We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Product claims
You acknowledge that we, and not Apple or Google, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. Then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple or Google.
Third Party Beneficiary
You acknowledge and agree that Apple and Google are third party’s beneficiaries of this Agreement, and that when you accept the terms and conditions of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Third Party Terms of Agreement:
We do not use any third-party software or applications in our App and therefore this Agreement sets out the terms and conditions of using the App.
5. Your Use Of The App And Site
As a condition of using the App and Site, then our Privacy Policy shall apply. You confirm that you have read the privacy policy so that you understand how we collect personal and non-personal data including accessing your location. All data that we collect is used to understand and improve your use of the App and Site, and to provide the functionality of the App and Site to you as otherwise set out in the privacy policy.
By downloading and installing the App, you confirm that you are either over 18 years of age, or if you are 14 years or above that you have obtained your parent or guardian’s consent to download, install and use the App.
6. Ownership Of The App And Site
All intellectual property in the App and Site (except for User Generated Content) is owned by us and/or our licensors.
“Story City” is a registered name belonging to us. All rights are reserved by us. The Story City logo is a trademark of Story City and related companies. It may not be used in connection with any products or services other than those products or services offered by Story City or related companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Story City or related companies. All other trademarks are the property of their respective owners.
All intellectual property rights in the Site, App, and content on the App or Site (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) belongs to us and/or our licensors. All rights reserved.
Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site or App must be obtained from the copyright owner, regardless of the intended use. Any unauthorised use of the materials appearing on the Site and App is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the Site and App infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, please send a notice by email to ecraven (at) storycity (dot) com (dot) au with ‘Notice & Takedown’ in the email subject line. In your email you must set out the following information:
Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App;
Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.
7. Links To Websites
Where we make available links to other websites or apps in the App and Site, such links are provided for your information and convenience only. The appearance of a link does not imply Story City’s endorsement, nor are we responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use. You access linked sites at your own risk.
8. User Generated Content
To the extent that the Site and App allows you to upload any text, images, videos or other content and information to our servers (“User Generated Content”), then you hereby grant us a royalty free, irrevocable, perpetual, worldwide and sublicenseable, and transferable right to copy, adapt, modify and use the User Generated Content as part of the Site and App generally, and you acknowledge that we may make the User Generated Content available to other users of the App and Site.
You confirm that any User Generated Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by your of this confirmation.
To the extent that the Site and App allows you to message or communicate with other users, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material, or any other material which is generally objective. We do not monitor any communications that you may send from the App or Site.
9. Contact Us
If you have any questions, complaints or claims with respect to the App and Site, then you may contact us at ecraven@about.storycity.app
10. System Requirements
The App has been developed to work on the latest version of the iOS and Android software at the time of its release. Apple or Google may from time to time update the iOS or Android software, and we will endeavour, but are not obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated iOS or Android release. It is your obligation to ensure that you are using the latest public release of the iOS or Android software.
11. Indemnity / Compensation
You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Site and App or arising from any breach or suspected breach of this Agreement by you or your violation of any law or the rights of any third party.
12. Term And Termination
This Agreement takes effect upon your download, installation and/or use of the App or Site and remains effective until terminated by either of us. You may terminate this Agreement at any time by removing the App from your iOS or Android device on which you have installed it and ceasing use of the Site. The Agreement shall automatically terminate if you fail to comply with any term or condition of this Agreement. Upon termination you shall cease all use of the Site and App and delete all copies of the App.
The following sections of the Agreement shall survive termination of this Agreement: Section 11 (Indemnity/compensation), Section 6 (Ownership), Section 15 (Limitation of Liability), Section 12 (Term and Termination), Section 7 (Third Party App), Section 14 (General Provisions), Section 17 (Severance) and Section 18 (Jurisdiction).
13. Support And Contacting Us
The Site and App is provided ‘as is’. However if you need any help and support please email ecraven (at) storycity (dot) com (dot) au and we shall endeavour to assist you.
We may contact you using your email address or via the App.
14. General Provisions
This Agreement set out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of Agreement shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
This Agreement is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
You may only use the Site and App for your personal, private and non-commercial use. You may not reproduce, distribute, publically display or perform, translate, modify, adapt, creative derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Site and App, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software of any utilities, applications, emulators or tools derived therefrom.
You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Site or App’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.
15. Our Limitations Of Liability
THE SITE AND APP IS PROVIDED ‘AS IS’ AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.
WE DO NOT GUARANTEE THAT THE APP AND SITE WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE SITE AND APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE AND APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE SITE AND APP OR DOCUMENTATION WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OUR EMPLOYEES OR AGENTS.
TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDCITION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
NOTHING IN THIS AGREEMENT SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE LIMITED TO A MAXIMUM OF $100.
IN THE EVENT THAT APPLE OR GOOGLE REFUNDS YOU THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS OF SALE, THEN BOTH APPLE, OR GOOGLE, AND WE WILL HAVE NO FURTHER WARRANTY OBLGIATION WHATSOEVER WITH RESPECT TO THE SITE AND APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH THE FOREGOING WARRANTY. AS A CONDITION OF THE REFUND, YOU ARE REQUIRED TO DELETE THE APP AND DISCONTINUE USE OF THE SITE.
16. Changes To The Agreement
We may change this Agreement for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Apple or Google. We will notify you of any changes and you will be required to accept the changes to continue to use the App and Site.
17. Severance
If any provision of this Agreement is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
18. Governing Law And Jurisdiction
In the event of any dispute between you and us regarding this Agreement and/or your use of the App or Site, then the laws of Australia will apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in Queensland, Australia only. No action arising under or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued.