Please read this EULA carefully, as it sets out the terms and conditions ('Terms') upon which we license our Software for use. This EULA is between you, as end-user Licensee, and Let's Drive for the licensing of this App. No other EULA applies in respect of this App. In the event of any conflict of any licensing terms, the terms of this EULA prevail.
Before you use the Software, we ask you to give your express agreement to the terms and conditions of this EULA. If you do not agree to this EULA, you must not use the Software for any purpose whatsoever.
In this EULA:
"App" means Let's Drive;
"App store" includes any Apple Itunes, Google Play and all other App stores that may be listing the App product for sale, use, license or making it otherwise available to the public;
"Effective Date" means the date when the Licensee agrees to the terms and conditions of this EULA;
"EULA" means this end user license agreement and any amendments from time to time;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights worldwide, whether registered or unregistered, including any application or right of application for such rights;
"Licensee" means the licensee of the Software under this EULA;
"Licensor" means Better Your Driving Pty Ltd;
"Software" means Let's Drive App software including following the application of any Upgrade; and
"Upgrade" an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.
2.1 You are the Licensee and you acknowledge and agree that our App is licensed and not sold to you. Your license to any App store product that you obtain through the App stores or obtain through our website, where applicable, is subject to your prior acceptance of this EULA. You are, on purchase from the App store, entering into a binding agreement directly with the Licensor of the software and not the App store. The App store is at no times a party to the license between you and the Licensor of the App. The Licensor of each App is solely responsible for that App including any warranties and claims that you may have relating to that third party App product.
2.2 The Licensee is granted a non-exclusive, personal, non-transferable license to use the App on a mobile device for your own business and/or your own private and non-commercial purposes and in accordance with the provisions of this clause.
2.3 Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software license, the provisions of this EULA, the Licensor grants to the Licensee a non-exclusive, non-transferable license to:
(a) download the Software;
(b) install the Software on one mobile device provided that only the single authorised license holder will operate the products. A single license does not permit the licensee to install the product on a network or a shared drive for use by more than one user; and
(c) use the Software anywhere in the world.
2.4 The Licensee must not:
(a) copy or reproduce the Software or any part of the Software other than in accordance with the license granted in these Terms;
(b) sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or republish the Software or any part of the Software;
(c) modify, alter, adapt, translate or edit, or create derivative works of the Software or any part of the Software;
(d) reverse engineer, decompile, disassemble the Software or any part of the Software; or
(e) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing unauthorised use;
provided that nothing in this clause will prohibit or restrict the Licensee or any other person from doing any act expressly permitted by applicable law.
2.5 All Intellectual Property Rights in the Software are and will remain, as between the parties, the property of the Licensor. In the event of any dispute of Intellectual Property Rights, the Licensor retains and has full rights solely for any investigation, defense, settlement and discharge of any such claim by any third party.
2.6 The Licensee must not permit any other person to use the Software or to exercise any of the other rights granted by the Licensor to the Licensee in this EULA.
3.1 The Licensor is solely responsible for providing support and maintenance for the App subject to the following:
(a) The Licensee must promptly apply any Software Upgrade released by the Licensor and made available by the Licensor to the Licensee from time to time;
(b) The Licensor will have no obligation to provide support for the Software under this clause or repair or replace the Software in relation to any version of the Software that does not incorporate the most recent upgrade to the Software; where the problem arises from Software not supplied by and or any unauthorised use or modification of the Software; and
(c) The Licensor will provide to the Licensee email support during the period of the license for the purpose of resolving issues with the Software raised by the Licensee acting reasonably. At no time does the Licensor warrant that the Software will be virus-free and the Licensor agrees it is solely the Licensor's responsibility to conduct appropriate virus scanning prior to the installation and use of any Software.
3.2 The Licensee acknowledges that:
(a) the Licensor's sole obligation under the clause is to make reasonable endeavours to resolve issues raised by the Licensee;
(b) the Licensor does not warrant or represent that issues raised will be solved by means of the support services;
(c) the Licensor will not provide any on-site support under this EULA; and
(d) the Licensor and not the App store, is solely responsible for all maintenance and support of the App.
3.3 The Licensor may subcontract any of its obligations under this clause to any third party.
4.1 Limitation of liability: To the full extent permitted by law and subject to any implied condition, warranty or right, or any statutory consumer guarantee contained in any law (including the Competition and Consumer Act 2010 (Cth)) which cannot be excluded by law:
(a) the Licensor excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this EULA;
(b) the Licensor excludes all liability in respect of loss or corruption of data, interruption of business or any consequential or incidental damages;
(c) all implied conditions, warranties, rights and terms are excluded;
(d) the Licensor is not liable for use of the Software in connection with hazardous activities, or any activity for which failure of the Software might result in death, bodily injury or psychiatric injury to the End User, its employees, independent contractors, agents, customers or any member of the public; and
(e) the Licensor will in no circumstances be liable for any type of special, indirect or consequential loss, for any loss of profit, revenue, or anticipated saving, loss or corruption of data, interruption of business, loss of use, loss of contracts with third parties, loss of business or loss of goodwill, even if such loss was reasonably foreseeable or the Licensor had been advised of the possibility of the same arising.
4.2 The Licensor does not warrant:
(a) that the App, Software or services provided through the App will be uninterrupted or error-free. There may be periods where, for technical or operational reasons the App and services may be inaccessible or that we may have to cancel the service as a result of the technical or operational issues. Non-material errors in the Software will not constitute a breach of this EULA; and
(b) that the App, Software and services will be free from loss, viruses, corruption, hacking, security breaches or other such events which may constitute a Force Majeure Event for which we disclaim any liability for any such issue or event. You are solely responsible for backing up your systems, information and software.
4.3 All of the parties' liabilities and obligations in respect of the subject matter of this EULA are expressly set out herein. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of this EULA will be implied into this EULA or any related contract.
4.4 The limitations and exclusions of liability set out in this Clause:
(a) are subject to the above Clause 4.1; and
(b) govern all liabilities arising under the EULA or in relation to the subject matter of the EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
4.5 The Licensor will not be liable to the Licensee in respect of any business or personal losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill, Force Majeure Event, death or personal injury.
4.6 The Licensor will at no time be liable to the Licensee in respect of any special, indirect, or consequential loss or damage including but not limited to any loss or corruption of any data, database or software. In any case, the Licensor's aggregate liability to the Licensee will not exceed the purchase price of the App.
4.7 In the event of any issues with the App, the Licensor, and not the App store or any of its affiliates, is responsible for addressing all claims relating to any issues including but not limited to: the license, any intellectual property rights, use of the App, any issues relating to warranties, consumer law and regulation and all other claims. You may notify the App store of any issues or claims you may have but you acknowledge that the App store is at no time responsible for any claim or rectification of any issue.
You agree to indemnify and hold us, each of our affiliates, successors, directors, employees, agents, representatives, suppliers and service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including all reasonable legal fees), resulting from your use of the App and/or any violation of these Terms. You agree to assume and take over control of any demand, claim or action arising hereunder or connection with the App in the event of any action resulting directly or indirectly from your use of the App or our Services or any breach of the Terms.
The license granted under this EULA is effective until terminated either by you or the Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any terms of this license. Upon termination of the license, you will cease all use of the App and destroy all copies of the App.
7.1 No breach of any provision of this EULA will be waived except with the express written consent of the party not in breach.
7.2 If a clause of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this EULA will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
7.3 The Licensor may freely assign this EULA and/or its rights and/or obligations under this EULA without the Licensee's consent. Except as expressly provided in this EULA, the Licensee must not assign, transfer, charge, license or otherwise dispose of or deal in this EULA and/or any its rights and/or obligations under this EULA.
7.4 In the event the App uses or any third party software or services are required to run the App, by using the App you agree to all applicable third party terms of service.
7.5 This EULA constitutes the entire agreement and understanding of the parties in relation to the subject matter of this EULA, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of this EULA. Subject to Clause 4, each party acknowledges that no representations or promises not expressly contained in this EULA have been made by or on behalf of the other party.
7.6 You represent and warrant that you are not (i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) listed on any US Government list of prohibited or restricted parties.
7.7 EU resident's right of withdrawal on software sales: European law principally provides a right of withdrawal in respect of software sales that can be excluded for digitally provided content. Therefore, if the End User is domiciled in a country of the European Union (EU), the EU statutory right of withdrawal ends 14 days after the purchase of the Software or the moment the End User start downloading the Software for the first time (whichever is sooner).
7.8 This EULA will be governed by and construed in accordance with the laws of the State or Territory of VIC, Australia; and the courts of the State or Territory of VIC, Australia, will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA. You further agree that the App stores are also third party beneficiaries of the license granted under this EULA and upon your acceptance of these terms and conditions, the App stores will have the right (and will be deemed to have accepted the right) to enforce this EULA against you.
7.9 In the event of any questions, complaints, issues, claims or queries, you can contact Better Your Driving Pty Ltd at hello@betteryourdriving.com.