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This license is for the provision of the mobile app available for free download from the App Store / Google Play under the name "Sporting Club of Sydney" (App) between the person who downloads the App (You) and Sporting Club of Sydney (Sporting Club of Sydney) ABN 26 283 293 43.
The App is the only official app for the Sporting Club of Sydney (Sporting Club of Sydney). Sporting Club of Sydney does not endorse any other mobile apps. Customers who download non-Sporting Club of Sydney approved mobile apps do so at their own risk.
1. License terms: The App is licensed, not sold, by Sporting Club of Sydney to You for use only under the terms of this license. You acknowledge that You have already accepted the Conditions of Entry for the (Sporting Club of Sydney) and that such terms apply in addition to the terms of this license.
2. License parties: Sporting Club of Sydney and You acknowledge that this license is concluded between Sporting Club of Sydney and You only, and not with Apple or any other person. Subject to the terms and conditions of this license, Sporting Club of Sydney, not Apple, is solely responsible for the App and the content thereof. Sporting Club of Sydney reserves all rights not expressly granted to You.
3. Description of App: The service provided by the App allows You to: (i) contact the Sporting Club of Sydney in respect of the services provided at the Sporting Club of Sydney; (ii) add events held at the Sporting Club of Sydney to your digital calendar; (iii) access maps in respect of Allianz Stadium, the Sydney Cricket Ground and the Sporting Club of Sydney; (iv) share and manage entitlements in respect of events and facilities at Allianz Stadium, the Sydney Cricket Ground and the Sporting Club of Sydney. Although every effort has been made to ensure the accuracy of information included in the App, locations, facilities, distances, times and services may vary from that which occurs in practice. You acknowledge that: (i) the App may not be compatible with certain devices and operating systems; and (ii) while Sporting Club of Sydney endeavours to ensure that the App is free from viruses and other harmful code, this cannot be guaranteed.
4. Scope of license: This license granted to You for the App by Sporting Club of Sydney is limited to a non-exclusive non-transferable license to use the App on any mobile device that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (the Usage Rules). You may only use the App for Your personal, non-commercial purposes and You may not use or copy the App for any other purpose unless You obtain Sporting Club of Sydney’s prior written consent. You may incur charges from Your mobile service provider for downloading and using the App.
5. License restrictions: This license does not allow You to: (i) use the App on any device that You do not own or control; (ii) distribute or make the App available over a network where it could be used by multiple devices at the same time; (iii) rent, lease, lend, sell, redistribute or sublicense the App; (iv) copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by law); (v) violate any applicable laws or access or use the App for any unlawful purpose; (vi) distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; or (vii) collect or store personal data about other users of the App.
6. Username and password: You must keep all usernames, passwords, personal identification numbers and answers to security questions confidential and must not disclose this information to any person. Sporting Club of Sydney is not responsible for any loss suffered as a result of You disclosing any such information to another person. You should lock Your device and take all reasonable steps to stop unauthorised use of the App or disclosure of Your details.
8. Location data: The App may make use of location data to enhance user experience. You can turn off this functionality at any time by turning off the location services settings for the App on Your device. If You use the App, You consent to us collecting, processing and using Your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings.
9. Third party content: The App may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party sites. To the maximum extent permitted by applicable law, Sporting Club of Sydney does not warrant or endorse and will not have any liability to You or any other person for any third party services, content or sites which are provided solely as a convenience to You.
10. Intellectual property: Sporting Club of Sydney (Venues NSW) is the owner or the licensee of the intellectual property rights in the App, including the layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, other information and software. You agree that the App contains proprietary content, information and material that is protected by intellectual property laws and that You will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Services.
11. Upgrades: Sporting Club of Sydney may from time to time upgrade the App. The terms of this license will govern any upgrades that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge that, in the event that Sporting Club of Sydney upgrades the App, earlier versions of the App may no longer be downloaded or supported.
12. Maintenance and support: Sporting Club of Sydney and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may, however, report issues in respect of the App to Sporting Club of Sydney by directly contacting the Sporting Club of Sydney front office or by email.
1. Liability: You acknowledge and agree that, to the maximum extent permitted by applicable law, use of the App is at Your sole risk and that, subject to clause 14: (i) Sporting Club of Sydney disclaims all conditions, warranties, guarantees and rights with respect to the App; (ii) Sporting Club of Sydney does not warrant against interference with Your enjoyment of the App, that the App will meet Your requirements, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected; (iii) the maximum aggregate liability of Sporting Club of Sydney to You for all claims under this license is limited to $100; and (iv) Sporting Club of Sydney is not liable for any indirect, consequential or economic damages or damages for loss of profits, revenue, goodwill or anticipated savings, whether the claim or liability arises in contract, tort (including negligence), equity, under statute or on any other basis. Sporting Club of Sydney’s liability to You is reduced to the extent that Your acts or omissions (or those of a third party) contributed to or caused the relevant loss or damage.
2. Non-Excludable Provisions: Nothing in this license excludes anything imposed by any legislation (such as the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances) that cannot be lawfully excluded or limited (Non-Excludable Provision). If we are able to limit Your remedy for a breach of a Non-Excludable Provision, then our liability for such a breach is limited to one or more of the following at our option: (i) supplying the Services again; or (ii) the payment of the cost of having the Services supplied again.
3. Notification to Apple: In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Sporting Club of Sydney’s sole responsibility.
4. Claims: Sporting Club of Sydney and You acknowledge that: (i) Sporting Club of Sydney, not Apple, are responsible for addressing any claims of You or any third party relating to the App or Your possession and/or use of the App, including: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (C) any claims arising under consumer protection, privacy or similar legislation; and (ii) in the event of any third party claim that the App or Your possession and use of it infringes a third party’s intellectual property rights, Sporting Club of Sydney, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
5. Representations and warranties: You represent and warrant that: (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
6. Suspension: Sporting Club of Sydney and its licensors reserve the right to change, suspend, remove or disable access to the App or any element of the Services at any time without notice. In no event will Sporting Club of Sydney be liable for the removal of or disabling of access to the App or any such element of the Services. Sporting Club of Sydney may also impose limits on the use of or access to certain elements of the App or Services, in any case and without notice or liability.
7. Termination: The license is effective until terminated by You or Sporting Club of Sydney. Your rights under this license will terminate automatically without notice from Sporting Club of Sydney if You fail to comply with any term(s) of this license. Upon termination of the license, You must cease all use of the App.
8. Third party beneficiary: Sporting Club of Sydney and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this license, and that, upon Your acceptance of the terms and conditions of this license, Apple will have the right (and will be deemed to have accepted the right) to enforce this license against You as a third party beneficiary thereof.
9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the App (e.g. You must not be in violation of any agreement with your mobile provider when using the App).
11. Contacting Sporting Club of Sydney: You may direct Your questions, complaints or claims with respect to the App to Sporting Club of Sydney at the address 40-44 Driver Avenue, Moore Park, or by email email@example.com or calling 9360 6601.
12. Unenforceability: If any part of this license is held to be unenforceable, the unenforceable part is to be severed and the remainder will remain in full force and effect.
13. Governing law: The laws of New South Wales, Australia, govern this license and Your use of the App and You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Your use of the App may also be subject to other local, state, national or international laws.
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