End User License Agreement

Last updated: 6 May 2019

Please review this End-User License Agreement (“the Agreement“) carefully prior to clicking the “I Agree” button, downloading or using Plezzel (“the Application“).

You, as the End-User, acknowledge that the Agreement is between you and Real Estate Bookings Pty Ltd (ABN 37 153 625 784) located at 18/240 Pakington St, Geelong West VIC 3218, (“the Company”) only, and not Apple. The Company is solely responsible for the Licensed Application and the content thereof.

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

License

The Company grants you a revocable, non-exclusive, worldwide, non-transferable, limited license to download, install, perform, display, and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement on any Apple-branded Products that you own or control as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Maintenance and Support

The Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the Agreement, or as required under applicable law. You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Warranty

The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.

Product Claims

The Company, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to:

  1. product liability claims;
  2. any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection, privacy, or similar legislation, including in connection with the Company’s Licensed Application’s use of the HealthKit and HomeKit frameworks. The Agreement may not limit the Company’s liability to you beyond what is permitted by applicable law.

 

Restrictions

You agree that you will not, nor will you permit others to:

  1. a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Modifications to Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Intellectual Property Rights

In the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You must comply with applicable third party terms of agreement when using the Application.

Third Party Beneficiary

You acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement. Upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

Term and Termination

This Agreement shall remain in effect until terminated by you or the Company.

The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Legal Compliance

You must represent and warrant that:

  1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions, complaints or claims about this Agreement, please contact us on 1800 732 669 or email us at support@plezzel.com.au.

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