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Term of Use
When You download, install, and use the Good Tucker App You agree to these Terms of Use ("Terms").

General Terms and Conditions of Use
When You first access Good Tucker, You are required to accept these Terms before use. By downloading, installing, displaying or using Good Tucker, You indicate that You accept these Terms and that You agree to abide by them as a legally binding agreement between You and Us.
Importantly, We may change these Terms from time to time. You are responsible for informing yourself of any changes by regularly reviewing these Terms at https://www.thumbs.org.au/terms-and-conditions/good-tucker and accept the Terms. If You do not agree with these Terms, You must cease downloading, installing, displaying or using Good Tucker immediately.

Definitions

In these Terms:
a) References to "Good Tucker" are references to the Good Tucker iPhone1 and Android2 applications, (or any other version of the Good Tucker application released by TGI and the University of South Australia from time to time);
b) We”, “Us”, “Our” means the University of South Australia, body corporate by virtue of the administrating University of South Australia Act, 1990, as amended (“UniSA”), the Menzies School of Research (“Menzies”), Uncle Jimmy Thumbs Up! Ltd (“Thumbs Up!”) and/or The George Institute for Global Health (“TGI”), a medical research institute situated in Sydney, New South Wales, Australia, as the context requires;

c)You”, “Your” means any user who has downloaded, installed and displayed Good Tucker, or that uses or views Good Tucker or results.

1. Licence
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
1.1. When You use Good Tucker You may view food product information and associated alternatives which may be of interest to You and Your family. In relation to such information, You acknowledge and agree that:

Any information:
a) is provided "as is" and “as available”;
b) does not take into account Your individual circumstances and is general information only;
c) has been developed and reviewed by health professionals and to the best of their knowledge is current at the time of publishing and based on reputable sources;
d) has been compiled based on the ingredients list, nutritional panel information or other relevant information on products or the product’s packaging at the time of data collection, and as the information is provided by third parties We may not in a position to verify this information. We do not warrant that any such information is true or accurate and We exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information;
e) has been provided on the basis that all persons using Good Tucker undertake the responsibility for assessing the accuracy and relevance of its information for their personal circumstances and that they rely on it entirely at their own risk.
f) should be used as a guide only and should not be relied upon as a substitute for professional medical, nutritional or other health professional advice. We recommend that You consult Your doctor or other qualified health professional if You have questions or concerns about Your or Your family’s health. We will not be responsible in anyway in respect of Your health.

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. Disclaimers, Liability and Indemnity

2.1. Subject to any statutory rights You have which by law which may not be excluded (and this includes any applicable consumer guarantees under Australian Consumer Laws):
a) when You download, install and use Good Tucker You do so at Your own risk; and
b) You are responsible for the consequences of Your use of Good Tucker, including where You upload and share content.

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;
c) failure of, or delay in, the performance, operation or transmission via Good Tucker or data on or through Good Tucker, a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
d) any data usage, roaming or other charges You incur when accessing the internet through Your mobile or other device;
e) accessing any third party web sites, servers or applications (including, without limitation, Twitter and Facebook) through Good Tucker. We do not accept responsibility for the content or operation of third party web sites, applications or services. Unless otherwise stated, We do not endorse any third party web sites, applications or services accessible through Good Tucker. Your use of any third party web sites, applications or services is at Your own risk;
f) defamatory, threatening, offensive, unlawful conduct or other actions of third parties;
g) We shall not be liable for failure to perform or delay in performing any obligation under these Terms to the extent that the failure or delay is caused by any circumstances beyond Our reasonable control, including but not limited to acts of God, war, laws or regulations of any government or supra-national authority, flood, fire, interruption of power supplies or electronic communications networks, riots or industrial disputes; and
h) Your Use of Good Tucker.

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
2.5. You indemnify the UniSA, Menzies, Thumbs Up! And TGI, their affiliates and respective employees, agents, third party content providers and licensors (each an “Indemnified Party”) from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by any Indemnified Party ("Loss") as a direct or indirect consequence of You using Good Tucker. This includes, without limitation, any Loss incurred by virtue of any breach by You of Your obligations under this Agreement or any wilful, unlawful or negligent act or omission by You.

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.

5. Privacy
5.1. Collection: When You access Good Tucker and share information on Good Tucker, We will not collect any identifiable data about You.

5.2. Sharing information: You may choose to share product information via Facebook and Twitter. You should refer to the terms of use, privacy and security settings of those third party applications to determine how Your information is shared and handled within those applications;

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.

6.3.
We do not warrant that the version of Good Tucker that operates in Australia complies with the laws of any country outside of Australia. If You access and use Good Tucker from outside of Australia, You do so at Your own risk and You accept responsibility for ensuring or confirming compliance with all laws that apply to You as a result of that access or any consequent transactions or dealings with Us.

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 Termination

7.1. We may cancel or suspend use of Good Tucker at any time, with or without notice if You have breached the Terms of Use;

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
7.1. In order to use Good Tucker, You need to have:
a) An Apple1 mobile device running iOS 7.1 or above; or
b) An Android2 device running versions 4.3 or above.
Please note:
a) If You are using a smartphone or tablet without a camera capable of auto-focus, Good Tucker may not be compatible with the device. Without auto-focus, the pictures of the barcode will be blurry and Good Tucker will be unable to identify the barcode;
b) You will also need mobile/cellular data or a Wi-Fi internet connection to download Good Tucker and access the Good Tucker network. Check with Your mobile/internet service provider for details of data download and internet usage charges.

7.2. Although Good Tucker is developed according to reasonable professional standards, in line with industry practice, We cannot warrant that:
a) Good Tucker is able to operate stably under or in compatibility with any operation system or device; or
b) Good Tucker is free of defects, viruses, or malicious codes.

However, if We notice any malfunction or defect, virus or malicious codes in Good Tucker, We will use reasonable efforts to rectify them.

1 iTunes and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries, App Store is a service mark of Apple Inc.
2 Android and Google Play are trademarks of Google Inc.

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