Terms & Privacy
We recognise the extreme importance of protecting the privacy of information collected about users of this website, in particular information that is capable of identifying an individual (Personal Information).
Personal Information about visitors to our Website is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries.
Copies of correspondence sent from the Website, that may contain Personal Information, are stored as archives for record-keeping and backup purposes only.
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information.
Cookies are data that a website transfers to an individual's hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most websites, including those operated by us, can facilitate a user's ongoing access to and use of a website.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, Personal Information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.
Also, we may disclose Personal Information when we believe in good faith that the law requires disclosure.We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your Personal Information to those third parties in order to meet your request for goods or services.
These terms and conditions (Website Terms) are between you and General Adaptive Apps Pty Ltd (we, our or us) and govern your use of our website located at generaladaptive.com (Website). By accessing and using this Website you agree to be bound by and abide by these Website Terms.
All information set out on our Website (Information), including is provided for general information purposes only. We make no warranty about the accuracy, completeness, reliability or timeliness of the Information. You are solely responsible for the consequences of your use of any Information or product, including any decision to act or not act on the basis of the Information.
The Website may be accessed from outside Australia. We make no representation that the Information or Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Copyright and all other intellectual property rights in material contained on this website including the text, graphics, videos, information, designs, data and other content (Content) is owned by us unless otherwise indicated.
We authorise you to copy, download and/or print the Content for non-commercial use only, provided that the Content is not edited or modified and retains all copyright and other proprietary notices, including any disclaimer contained in the Content. All trademarks, logos, images and product and company names referred to in this Website are the property of their respective owners.
By providing User Content to us, you grant us a worldwide, irrevocable, perpetual, royalty-free, sub-licensable licence to use, reproduce, modify, communicate to the public and adapt that content, on this Website and through any other means.
Most browsers allow you to turn off the cookie function. If you'd like to do this, please look at the help menu on your browser. However, you should be aware that turning off cookies may adversely affect the Website's functionality.
To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
Nothing in these Website Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations).
The Content on this Website is provided “as is”. Except in relation to Non-excludable Obligations, we expressly exclude all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us.
Except in relation to Non-excludable Obligations, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or any other person under or in connection with this Website (including any Content), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).
The Information on this Website is provided on the basis that all persons accessing this Website undertake the responsibility for assessing the accuracy of its content and that they rely on that Information entirely at their own risk.
We may provide links to third party sites for your convenience (Links). We have no control over third party sites. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable third party website before using that website.
Although we have used reasonable endeavours to review the Links, we make no representation or warranty as to, and we are not responsible for, the accuracy, legality, decency or any other aspect of any material located at the Links. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.
You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any loss suffered by you or anyone else in connection with any Link.
We may modify, suspend or discontinue the services available via the Website from time to time in our absolute discretion.
We may change these Website Terms at any time without notice to you. You agree to be bound by the changed terms if you use this Website after the terms have changed.
These Website Terms are to be construed in accordance with, and are governed by, the laws of Queensland, Australia. By using this website you irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of Queensland, Australia in relation to any dispute relating to the Website. Enquiries: If you have any questions about these Website Terms (including your privacy rights), you can contact us at: email@example.com.
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY. BY DOWNLOADING, INSTALLING, PURCHASING, OR USING OUR PRODUCTS, YOU CONFIRM THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT OR DO NOT INTEND TO BE BOUND BY THEM, DO NOT DOWNLOAD, INSTALL, PURCHASE, OR USE ANY OF THE PRODUCTS.
This End User License Agreement ("Agreement") governs your use of the following product(s) (referred to as the "Product") a mobile software gaming app.
We may also provide you with access to various other content, documentation, materials, information, goods, or services. In this Agreement, these items collectively form part of "the Product". The Product is owned and operated by General Adaptive Apps Pty Ltd (ABN 90602438906), referred to as the "Owner".
This Agreement constitutes a binding contract between you and the Owner and will govern your use of all versions, parts, and features of the Product.Definitions
• "Agreement" means this agreement.
• "Australian Consumer Law" means the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Commonwealth).
• "Identifying Information" means the information provided by you when registering to use the Product, including your name, email address, address, username, and password.
• "License" means the license created under this Agreement, as described in the "License" clause.
• "Owner IP" includes the contents, code, layout, design, colours, appearance, graphics, and imagery of the Product, as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property contained in the Product.
• "Parties" means both you (the user of the Product) and us (the owner of the Product) collectively.
• "Party" means either you (the user of the Product) or us (the owner of the Product).
• "Product" means the software product, a mobile software gaming app, and includes:
(a) any software provided by us;
(b) any materials, information, or documentation provided by us in connection with your use of this software product, including documentation, data, information developed by us or owned by us, and other materials that may assist in your use of the software product;
(c) any content, writing, images, audiovisual content, or other information published on the software or on the materials, information, or documentation that we provide to you.
• "Us," "We," "Our," or "the Owner" refers to General Adaptive Apps Pty Ltd.
• "You," "Your," or "User" refers to the user of the Product.
In this Agreement, unless the context otherwise requires, the following rules of interpretation apply:
(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) If a word or phrase is defined in this Agreement, then any grammatical variations of that word or phrase have a corresponding meaning.
(d) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations, and other legal entities, and vice versa.
(e) Any reference to time is a reference to time in Queensland.
(f) If something must be done under this Agreement on or before a particular date, and that date falls on a day that is not a business day, then the thing must be done on or before the next business day.
(g) Any obligation not to do something includes an obligation not to allow that thing to be done.
(h) Headings and titles are included in this Agreement for convenience only and do not affect the interpretation of this Agreement.
(i) Each Party must take all reasonable steps and do all that is necessary to give full effect to this Agreement and the events contemplated by it, at its own expense.
(j) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, amended legislation, and substituted legislation issued under that legislation.
(k) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented, or novated from time to time.
(l) A reference to a Party includes that Party's successors, assigns, legal personal representatives, and any person substituted by way of novation.
(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.
(a) By downloading, installing, using, purchasing, or paying any fee for the Product, you agree to be bound by the terms of this Agreement.
(b) This Agreement constitutes a binding agreement between you and the Owner.
(c) If you do not understand the terms of this Agreement or do not agree to be bound by them, you must not download, install, use, purchase, or pay any fee for the Product.
The Owner hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the Product ("License").
(a) This Agreement and the License granted under it are effective on the date you first download, install, use, purchase, or pay any fee for the Product (whichever is earliest).
(b) This Agreement and the License granted under it continue as long as you use, retain, or continue paying any fee for the Product, unless terminated under this Agreement.
(a) The Owner may release software updates, patches, upgrades, bug fixes, or other modifications for the Product ("Updates").
(b) You may be required to install Updates to use the Product.
(c) You agree to promptly install any Updates provided by the Owner.
(d) Updates may be installed automatically without additional notice or consent from you.
(e) By downloading, installing, using, purchasing, or paying any fee for the Product, you also consent to these Updates.
(f) If you do not want to receive Updates, you must not download, install, use, purchase, or pay any fee for the Product.
License for One Computer or Device
The License permits you to download, install, and use the Product on one (1) computer or device.
(b) The License permits you to save an archived copy of the Product on a storage device for the purpose of reinstalling the Product.
(c) The License does not permit you to download, install, or use the Product on more than one (1) computer or device at any time.
(d) The License does not permit you to share the Product or any part of it with other users.
(e) The License does not permit you to download, install, or use the Product on any system that allows multiple users, including but not limited to:
(I) any system or network accessible by multiple users;
(II) any system or network that allows shared use of applications; and
(III) any other system or network that allows any user(s) other than you to download, install, or use the Product, except in the event that you have a valid license for each copy of the Product on each individual computer(s) or device(s) where you download, install, or use the Product.
Rights in the Product
This Agreement is a license and not an assignment agreement or a sale agreement.
(b) This Agreement does not assign any intellectual property rights in the Product from the Owner to you.
(c) The Owner retains all Owner IP and other rights and title to the Product, except for the rights expressly licensed to you in this Agreement.
You agree that the Product, the Owner's website, and all services provided by the Owner are the property of the Owner, including all Owner IP. You agree that the Owner owns all right, title, and interest in and to the Owner IP, and you will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Owner.
The License does not permit you or any other user to replicate or copy the Product, whether in part or in full. You are prohibited from replicating, copying, or permitting any other user to replicate or copy the Product or any part of it, except:
(a) Temporary copies stored in computer memory required for legitimate use of the Product; or
(b) With the Owner's prior written consent.
No Modification or Alteration
You may not modify or alter the Product, including any files or other parts of the Product, except with the Owner's prior written consent.
No Derivative Works
You may not create or develop any derivative works based on the Product or any works serving the same purpose or providing the same features as the Product.
Reverse Engineering and Security
You may not undertake any of the following actions:
(a) Attempt to derive the source code for the Product through reverse engineering, deconstructing, decompiling, or disassembling the Product or the Owner's website.
(b) Violate the security of the Product through unauthorised access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network.
(c) Copy or distribute copies of the Product unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.
No Release of Performance Data
You may not release or communicate results from any functional evaluation or performance evaluation of the Product to any third party without the prior written consent of the Owner.
No Unlawful Use
You agree not to use the Product for any unlawful purpose.
No Commercial Use
You may not use the Product for commercial purposes.
You are strictly prohibited from using the Product or any of the Owner's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Other General Restrictions
You agree not to use the Product in any way that could damage the Owner's website, services, reputation, or general business, or for any purpose prohibited under this clause.
(b) You further agree not to use the Product to:
(I) harass, abuse, or threaten others or violate any person's legal rights;
(II) violate any intellectual property rights of the Owner or any third party;
(III) upload or disseminate computer viruses or other software that may damage the property of another;
(IV) perpetrate any fraud;
(V) engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
(VI) publish or distribute obscene or defamatory material;
(VII) publish or distribute material that incites violence, hate, or discrimination towards any group; or
(VIII) unlawfully gather information about others.
You may be asked to register with the Owner to use or access the Product.
(b) If you choose to register, you agree to provide accurate and up-to-date Identifying Information.
(c) You are solely responsible for maintaining the confidentiality of your Identifying Information.
(d) You agree not to use the Identifying Information of any other person.
(e) You agree to notify the Owner immediately if you suspect any unauthorised use of your Identifying Information.
(f) The Owner reserves the right to terminate your access to the Product if any Identifying Information provided by you is inaccurate, false, or misleading.
This Agreement and the License granted under it may be terminated by either Party at any time and for any reason by providing written notice to the other Party.
(b) The Owner may terminate this Agreement and the License immediately and without notice if you breach any term of this Agreement.
(c) Upon termination of this Agreement, you must cease all use of the Product and destroy all copies of the Product in your possession or control.
THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS TO OR USE OF THE PRODUCT, REGARDLESS OF WHETHER THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
This Agreement and any disputes arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Queensland, Australia, and the Parties consent to the jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and the Owner with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.If you have any questions about these terms, you can contact us at: firstname.lastname@example.org