1. Introduction
This End User Licence Agreement ("EULA") is a legal agreement between you ("You") and Goki Technologies Pty Ltd (ACN 168 370 689), having its registered office at 13/2A Gladstone St, Newtown, SYdney 2042 ("Goki"), and governs Your use of the Goki mobile application associated with this EULA (the "Goki App").
2. Acceptance of Terms
Your access to and use of the Goki App is subject to Your acceptance of and compliance with this EULA. By downloading, installing, selecting "Accept", accessing or using the Goki App, You acknowledge that You have read, fully understand, and agree to be bound by this EULA.
If You do not agree to be bound by this EULA, You must not use the Goki App and should uninstall it immediately.
If a person accepts this EULA on behalf of a body corporate, that person confirms they are authorised to enter into this EULA on behalf of that body corporate and to bind it to these 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. 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.
3. Licence Grant
Goki hereby grants to You a limited, non-exclusive, non-transferable, revocable licence to use the Goki App on any device that You own or control ("Mobile Device") running a permitted mobile platform, solely as permitted by the usage rules set out in Your mobile platform's terms of service.
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 or upgraded versions to You at its discretion. Unless such modified, updated or upgraded versions are delivered with different licence terms, they will be considered the Goki App and Your use thereof shall be subject to this EULA.
4. Terms of Use
You may not use the Goki App for any purpose other than its intended one, and You may not distribute or make the Goki App available over a network where it could be used by multiple devices at the same time.
Nothing in this EULA gives You any licence or right to any copyright, patent, trademark or other intellectual property right or proprietary interest belonging to Goki or its affiliates, or any sublicence 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;
- decompile, reverse engineer or disassemble the Goki App, or attempt to do so;
- rent, lease, lend, sell, copy, reproduce, publish, republish, upload, post, transmit, sublicence or distribute the Goki App or any of its contents, including its graphic images, audio, video, HTML code, buttons or text;
- attempt to derive the source code of, modify or create derivative works of the Goki App or any updates thereto;
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, and in each case without the prior written consent of Goki, 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 damages.
5. Mobile Platforms
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, You shall only use the Goki App as permitted 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 it or the services accessible through it.
If You use the Goki App on a Mobile Device running Google's Android, You shall only use the Goki App as permitted 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 it or the services accessible through it.
6. Data Collection and Usage
You agree that Goki and 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 related to the Goki App. Goki and 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 accepting this EULA or using the Goki App, You consent to Goki's measurement, collection, processing, transfer, storage, disclosure and use of Your usage data. If You do not wish to have Your usage measured, You should not install the Goki App on Your Mobile Device, and if You no longer wish to have Your usage measured after installation, You must delete the Goki App from Your Mobile Device.
Goki and its affiliates will collect some personal data from You, including Your name and email address, to enable You to participate in the Goki App and to verify You when You log in to Your account. All personal data You provide to Goki through the Goki App or measured by Goki shall be handled in accordance with our Privacy Policy. By accepting this EULA or using the Goki App, You agree to be bound by the Goki Privacy Policy.
If You delete the Goki App from Your Mobile Device or this EULA is otherwise terminated, Goki may continue to use any information You previously provided through the Goki App or previously measured by Goki, in accordance with the provisions of this section and our Privacy Policy.
7. 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 websites ("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 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. Goki does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Content or websites, or for any other materials, products or services of third parties.
Third Party Content is provided solely as a convenience to You. Goki has no control over Third Party Content provided through or in connection with the Goki App. For any issues concerning Third Party Content, including allegations of copyright infringement or misuse, the provider of such content must be contacted directly.
The Goki App and Third Party Content that may be accessed from, displayed on or linked to from Your Mobile Device may not be 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 the Goki App or Third Party Content, You do so at Your own initiative and are responsible for compliance with any applicable laws.
8. Intellectual Property
You acknowledge that Goki and its affiliates own all rights, titles and interests in and to the Goki App, including all content available via the Goki App and all Intellectual Property Rights therein.
"Intellectual Property Rights" means:
- all patents, patent applications, and certificates of invention, and all continuations, extensions, renewals, divisions, re-issues and re-examinations relating thereto;
- all moral rights and copyrights in any work of authorship recognised by foreign or domestic law, by statute or at common law, including all copyright registrations and applications therefor, together with any renewal or extension thereof;
- all trademarks, service marks, trade names and trade dress, whether registered or unregistered, and all goodwill relating thereto;
- all rights in trade secrets, know-how, and confidential information; and
- 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. 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.
9. Changes, Suspension and Termination
Goki may, at any time, change, update, modify, or terminate any service that may be accessed through the Goki App, including to:
- improve a service or its functionality;
- add or remove access to a service;
- correct an error or bug;
- prevent or discontinue harmful, improper or unauthorised access to or 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 for any of the foregoing reasons, or if a newer version of the Goki App or service is available.
10. 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. 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.
11. Warranties and Exclusions
Provisions of the Competition and Consumer Act 2010 (Cth) 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.
12. 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.
13. Limitation of Liability
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 AUD $10.00, or its equivalent in local currency.
14. 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.
15. Term and Termination
This EULA shall become effective when You accept it (including by click-through) and shall remain in full force and effect until terminated as set out 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 the email address associated with Your account on the Goki App.
Upon the termination of this EULA for any reason whatsoever, all licences 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 delete the Goki App from all of Your Mobile Devices.
16. 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 provision 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 provisions in that or any other jurisdiction.
The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by this EULA 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 any 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 in accordance with the laws of New South Wales, Australia.
17. Contact
If You have any questions about this EULA, please contact us at:
Goki Technologies Pty Ltd
Email: hello@gokitech.com
Website: www.gokitech.com
