Goki Pty Ltd
This End User Licence Agreement (“EULA”) is a legal agreement between you (“You”) and Goki Pty Ltd (ACN 168 370 689), having its registered office at 11 York St, CBD, Sydney, New South Wales 2000, Australia (“ Goki“) (the “Parties“) and relates to Your use of the Goki mobile application associated with this EULA (“Goki App”).
Your access to and use of the Goki App is subject to Your acceptance of and compliance with this EULA. By downloading, installing, selecting the “Accept” option, accessing or using the Goki App, You acknowledge that they have read, fully understand, agree to, and will be bound by this EULA. If You do not agree to be bound by this EULA, You will not be able to use the Goki App and You should exit the Goki App immediately. If the person accepting this EULA does so on Your behalf, and You are supposed body corporate, the person accepting it confirms that they are authorised it. In that case, enter into this EULA on the Your behalf, and bind You to its terms and conditions.
You acknowledge and agree that this EULA is between You and Goki only (and not with Apple, Google or any other third party), and that it is Your responsibility to inform yourself of all terms and conditions of such third parties, as well as all laws that apply to Your use of the Goki App. Unless otherwise indicated, the content of the Goki App, including its text and images and the way they are arranged, are the property of Goki or its affiliates, and only Goki is responsible for the Goki App and the content thereof. All trademarks used or referred to in the Goki App are the property of their respective owners. Goki reserves all rights in and to the Goki App not otherwise expressly granted to You under this EULA.
LicenceGoki hereby grants to You a limited, non-exclusive, non-transferable, revocable license to use the Goki App on any device that You own or control (“Mobile Device”) running a permitted mobile platform and solely as permitted by the usage rules set out in Your mobile platform’s terms of service, provided that You shall not copy, reproduce, issue, make available to the public, or distribute copies of the Goki App.
The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Goki App. Goki may modify or upgrade the Goki App at any time for any reason and may provide modified, updated and upgraded versions of the Goki App to You at Goki’s discretion. Unless such modified, updated or upgraded versions of the Goki App are delivered with different applicable license terms, such modified, updated and upgraded versions of the Goki App will be considered the Goki App and Your use thereof shall be subject to this EULA.
You may not use the Goki App for any purpose other than its intended one, and You may distribute or make the Goki App available over a network where it could be used by multiple devices at the same time. The Goki App numerous devices could use it is true the Goki App as giving to You, any license or right to any copyright, patent, trademark or other intellectual property right or proprietary interest is belonging to Goki or its affiliates, or any sublicense with respect to the foregoing as may belong to a third party. You may not remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Goki App, and You may not decompile or reverse engineer the Goki App, or attempt to do so. In addition, You may not rent, lease, lend, sell, copy, reproduce, publish, republish, upload, post, transmit, sublicense, distribute, attempt to derive the source code of, modify or create derivative works of the Goki App or any of its contents, including its graphic images, audio, video, html code, buttons or text, and any updates to the Goki App (except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by the licensing terms governing use of any open source components included in the Goki App), without the prior written consent of Goki or its applicable affiliate, which consent may be withheld in its sole discretion. Any attempt to do so is a violation of the rights of Goki or its applicable affiliate, and may subject You to prosecution and/or damages.
The Goki App shall only be used on a permitted mobile platform, which are Apple Inc.'s ("Apple") iOS and Google Inc.'s ("Google") Android.
If You use the Goki App on a Mobile Device running Apple’s iOS, then the following terms and conditions apply. You shall only use the Goki App on your Mobile Device as such Mobile Device is permitted to be used by the usage rules in the Apple App Store Terms of Service. Goki, not Apple, is solely responsible for the Goki App and any information or content received through the Goki App or the services accessible through the Goki App.
If You use the Goki App on a Mobile Device running Google’s Android, then the following terms and conditions apply. You shall only use the Goki App on your Mobile Device as such Mobile Device is permitted to be used by the usage rules in the Google Play Store Terms of Service. Goki, not Google, is solely responsible for the Goki App and any information or content received through the Goki App or the services accessible through the Goki App.
Data Collection and Usage
You agree that Goki and/or its affiliates may collect and use technical data and related information, including but not limited to technical information about Your Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Goki App. Goki and/or its affiliates may use this information, in a form that does not personally identify You, to evaluate or improve its products or to provide services or technologies.
By clicking the "Accept" button below or using the Goki App, You consent to Goki's measurement, collection, processing, transfer, storage, disclosure and use of the Your usage data, in each case. If you do not wish to have usage measured, You should not install the Goki App on your Mobile Device, and if You no longer wish to have their usage measured after You have installed the Goki App, You must delete the Goki App from your Mobile Device.
Third Party Services
The Goki App may enable access to third party services (“Services”), and may also display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Content”). Use of Services may require internet access and that You accept additional terms of service. You acknowledge and agree that Goki and/or its affiliates are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Content or websites and do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Content or web sites, or for any other materials, products or services of third parties. Third-Party Content is provided solely as a convenience to the User. Goki has no control over Third Party Content provided through or in connection with the Goki App. For any issues concerning such Third Party Content, including without limitation allegations of copyright infringement or misuse, the provider of such content must be contacted directly.
In addition, the Goki App and Third Party Content that may be accessed from, displayed on or linked to from Your Mobile Device is not available in all languages or all countries. Goki makes no representation that the Goki App and Third Party Content are appropriate or available for use in any particular location. To the extent You choose to access such the Goki App or Third Party Content, You do so at Your initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
You acknowledge that Goki and its affiliates own all rights, titles and interests in and to the Goki App. Goki owns all rights, title and interest in and to all content available via the Goki App, including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means (i) all patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating to that; (ii) all moral rights and copyrights in any work of authorship or other work recognised by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectable under any laws or international conventions throughout the world. You agree not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the Goki App. Except as set out above in the section entitled "Third Party Services", You further agree not to modify, adapt, translate, prepare derivative works from, transmit, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Goki App.
Changes, Suspension and Termination of Rights
Goki may, at any time, change, update, modify, or terminate any service that may be accessed through the Goki App including, without limitation, to improve a service or its functionality; add or remove access to a service; enhance ease of use for you or Goki; correct an error or bug; prevent or discontinue harmful or improper access to services; prevent or discontinue unauthorised use of services; comply with a platform provider or government request, or comply with a statute or judicial order. Goki may suspend or terminate your rights in and to the Goki App or services accessible through the Goki App in Goki's sole discretion, including, without limitation, if a newer version of the Goki App or service thereof is available to improve the Goki App or service or any functionality thereof; to add or remove access to a service accessible through the Goki App; to enhance ease of use for you or Goki; to correct an error or bug; to prevent or discontinue harmful or improper access to the Goki App or service thereof; to prevent or discontinue unauthorised use of the Goki App or service thereof; to comply with a platform provider or government request, or to comply with a statute or judicial order.
You understand that by using the Goki App, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Goki App at Your sole risk and that Goki shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Warranties and exclusions
Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions and impose obligations on Goki and its subsidiaries, affiliates, and suppliers (“Implied Terms”). If these Implied Terms apply, Goki’s liability will be limited at its option to resupply, repair or replace the Goki App or the cost of such resupply, repair or replacement, to the extent permitted by law. Unless otherwise explicitly agreed to in writing by Goki and subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.
Exclusion of damages
Subject to any Implied Term, Goki, its directors, officers, employees, or agents will not be liable to You or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including loss of revenues or profits or loss of business) arising in connection with this EULA, the Goki App, any software for the Goki App or any support services for the Goki App, whether based on contract, tort, statute, or any other legal theory.
Limitation of liability and remedies
To the extent not prohibited by law, in no event shall goki be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the goki app, however, caused, regardless of the theory of liability (contract, tort, or otherwise) and even if goki has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. in no event shall goki’s total liability to you for all damages exceed the amount of aus$10.00, or it’s equivalent.
You will indemnify Goki, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with Your use of the Goki App, including but not limited to, any modification by you of the Goki App which causes the Goki App to infringe the intellectual property rights of a third party.
Term and Termination
This EULA shall become effective when You accept it by click-through and shall remain in full force and effect until terminated by the terms below. You may terminate this EULA at any time by deleting the Goki App from all Mobile Devices that You own or control. Goki may terminate this EULA at any time on written notice to You using Your email address associated with Your account on the Goki App. Upon the termination of this EULA for any reason whatsoever, all licenses granted hereunder shall immediately terminate, and You shall immediately cease and desist from all access to and use of the Goki App. You shall immediately purge from all of Your Mobile Devices all copies of the Goki App.
Any provision of, or the application of any provision of this EULA which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition. Any condition of, or the application of any provision of this EULA which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining conditions in that or any other jurisdiction. The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.
This EULA contains the entire agreement between You and Goki and supersedes any previous understandings, commitments or agreements, oral or written. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this EULA. This EULA shall be governed by and construed following the laws of New South Wales.