|Term of Use|
General Terms and Conditions of Use
c) “You”, “Your” means any user who has downloaded, installed and displayed Good Tucker, or that uses or views Good Tucker or results.
1.1 We grant to You, and You accept, a non-exclusive, non-transferable limited licence to Good Tucker strictly in accordance with this Agreement on a single device as may approved by Us under these terms and conditions. The term of the licence shall be unlimited (but subject to termination in accordance with the terms of this Agreement) (“Term”).
1.2 You agree that You may not use Good Tucker in any way that is or for purposes that are prohibited under this Agreement or any law in force in Your jurisdiction. You also agree not to engage in any activity that interferes with or disrupts the servers and networks relating to the Good Tucker. You must not work around any technical limitations in Good Tucker or attempt to run Good Tucker on an unsupported platform. You must not use the Good Tucker on commercial software hosting services.
1.3 The licence provided under this Agreement is personal to You and You must not re-sell, sub-license, rent, lease or otherwise distribute Good Tucker. All other rights in respect of Good Tucker are reserved to Us.
2. Food product information and associated alternatives on Good Tucker
|1.2. All users, especially those with special dietary requirements or food sensitivities or allergies, should ensure that they are clear on the ingredients of the product prior to consumption. We recommend that, where further dietary information is important to You, for example because You have an allergy or specific dietary requirement, You should check with the product manufacturer directly.
1.3. Manufacturing nutritional information changes from time to time and the information may be updated, altered or removed, from time to time, at any time, without notice to You.
1.4. Any information about Us that appears on Good Tucker is provided for Your interest. If You require specific information about the Good Tucker App You should contact or visit, the Uncle Jimmy Thumbs Up! Ltd on 02 9476 0074 or visit www.thumbsup.org.au. If You require specific information about TGI You should visit www.georgeinstitute.org.au.
|2.2. Except as required under the Australian Consumer Laws/applicable law, neither of the UniSA, Menzies, Thumbs Up!, TGI, their affiliates, nor any of their respective employees, agents, third party content providers, nor licensors, make any express or implied representation or warranty about Good Tucker, the information it provides and Your use of that information, or shall any of them be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages, expense, or reliance in connection with Good Tucker, its use, its content or any products or services referred to within Good Tucker. This includes (but is not restricted to) any loss, damage or expense You might suffer or incur as a result of any of the following:
a) Your reliance on the completeness, accuracy, suitability or currency of any content on Good Tucker;
b) The completeness or accuracy of the information or any recommendations;
|2.3. Good Tucker is provided "as is" and “as available” basis and with no representations or warranties of any kind, either expressed or implied. The express Terms contained herein shall apply in place of all warranties, conditions, Terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. No oral or written information or advice given by the UniSA, Menzies, Thumbs Up! or TGI, their agents, or authorised representatives shall create a warranty or in any way increase the scope of this warranty.
2.4. To the extent permitted by the applicable law, Our total liability to You in any event shall be limited to the amount, if any, actually paid by You for use of the Application (and if nothing has been paid, limited to 1 dollar AUS) and You hereby release Us, Our officers, directors, employees and agents from any liability in excess of this limitation
2.6. To the full extent permitted by applicable law there are no statutory or other warranties binding upon the Us except for those expressly set out in this Agreement.
|3. Good Tucker Community Standards
3.1. Good Tucker is designed to let You and friends share nutritional information. To assist achieving this, all users must comply with the following Good Tucker Community Standards (the "Standards"):
a) You must not use Good Tucker to share any content that is offensive, defamatory, pornographic, threatening to another person or organisation, incites violence or is otherwise unlawful and/or objectionable;
b) You must not use Good Tucker to harass, bully, threaten or intimidate any user or other person, or to incite hatred;
c) You must not use Good Tucker to carry on any activity that is unlawful, or to support or facilitate any unlawful activities;
d) You must not use Good Tucker for commercial purposes, including uploading or posting any content that is commercial in nature, or that can be characterised as spam;
e) You must not upload to Good Tucker any viruses, malicious code or do anything designed to disable or interfere with the proper functioning of the application;
f) You must not do anything that encourages or facilitates a breach of these Standards. The UniSA, at its sole discretion, reserves the right at its sole discretion to prevent You using Good Tucker if You fail to comply with the Standards.
|3.2. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content on Good Tucker to Us, and We will undertake to correct and/or remove such content or any part thereof if We, at Our sole discretion, reasonably consider that it is appropriate to do so.
3.3. You accept that the community aspect is integral to Good Tucker and agree to respect and abide by these Terms at all times when accessing or using Good Tucker, and to interact and engage with fellow users in a respectful and dignified manner.
|4. Intellectual Property
4.1. Unless otherwise indicated, TGI owns, controls and/or reserves all rights (including, without limitation, copyright) in and to all information, text, material, graphics, advertisements, software code and data comprising Good Tucker (the "TGI Property"). The UniSA operates and controls Good Tucker in Australia, under a licence granted by TGI.
4.2. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the TGI Property in any way except as expressly provided for within Good Tucker, or expressly authorised in writing by TGI. You are not authorised, without TGI’s prior written permission or the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from Good Tucker for any other purpose. This prohibition does not extend to content which is expressed to be freely available for re-use or replication, subject to any conditions TGI specifies.
4.3. All rights in the Good Tucker name are owned by TGI. Any other product or company names mentioned on Good Tucker are the trade-marks or registered trademarks of their respective owners.
4.4. Unless otherwise indicated, You are authorised to download and view any content, and use the software comprising Good Tucker for Your own personal, non-commercial use, provided that You keep intact all copyright and other proprietary notices.
4.5. You must not, without the Our prior written permission, in each instance as appropriate, exploit Good Tucker, or any of the TGI Property or the UniSA Property for commercial purposes.
4.6. The use by the UniSA or TGI of a third party trademark on Good Tucker is not intended to indicate any association with, or endorsement by, The UniSA or TGI of that trademark.
4.7. Any unauthorised use, alteration or dissemination of the information or content on Good Tucker is strictly prohibited.
4.8. You will indemnify Us against any loss, liability, cost or expense (including legal costs and expenses on a full indemnity basis) suffered or incurred in connection with any claim, action, demand or proceeding alleging that the publication, use or display of any content uploaded by You to Good Tucker as contemplated by these Terms, infringes the intellectual property rights of any other person.
4.9. Materials downloaded from Good Tucker, including any software, program codes, files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to You by the UniSA. You are expressly prohibited from copying, selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.
4.10. No part of Good Tucker may be reproduced without the prior written permission Us in each instance.
|6. Applicable laws and enforceability
6.1. The version of Good Tucker that operates in Australia is operated and controlled by the UniSA from Australia, under a licence granted by TGI.
6.2. This Agreement is governed by and construed in accordance with the laws of the State of South Australia and the Parties submit themselves to the non-exclusive jurisdiction of the Courts of South Australia.
6.4. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy which cannot by law be excluded, restricted or modified. If any provision of these Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
6.5. No failure or delay by Us to exercise any of Our rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this User Agreement.
6.6. This agreement, together with other documents referred to in it, constitutes the entire agreement between You and Us relating to Good Tucker.
6.7. The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.
6.8. If a provision of these Terms is found by a court of law to be invalid or unenforceable:
(a) it is to be read down or severed to the extent of the invalidity or unenforceability; and
(b) that fact does not affect the validity or enforceability of the remaining provisions.
6.8. No provision of these Terms will be taken to be waived except by written notice signed by You and Us.
7.2. We reserve the right to cease operating Good Tucker at any time, without notice, and to terminate this Agreement;
7.3. On termination for any reason, You must immediately delete or remove Good Tucker from any and all mobile devices, and immediately destroy all copies of Good Tucker in Your possession or control and certify, if We so request, confirmation that You have destroyed the copies of Good Tucker; and
7.4. At any time You may terminate this Agreement by deleting Good Tucker from all mobile devices on which You have it installed.
7. System requirements
7.2. Although Good Tucker is developed according to reasonable professional standards, in line with industry practice, We cannot warrant that:
However, if We notice any malfunction or defect, virus or malicious codes in Good Tucker, We will use reasonable efforts to rectify them.
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