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”).
Content 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. Licensee indemnity 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. General provisions 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.