EULA

With Love to the Word App

This End-User Licence Agreement  (“EULA“) governs your use of our app.

Any additional license, conditions, notices and disclaimers are located on our app. If you do not agree to this EULA, do not access, download or use our app.

We may change this EULA at any time. When we make changes, the app will ask you to read and accept the new EULA.

1. Licence

1.1             You are granted a singular,non-exclusive, non-transferable, revocable and limited licence to use the app on any Apple-branded products in accordance with this EULA and not for any other reason. All other rights are reserved which are not expressly granted.Your licence is granted subject to your ongoing agreement to this EULA and subsequent EULAs.

1.2             This EULA is between you and us and not any other third party, such as Apple. However, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you.

2. Permitted Use & Restrictions

2.1             This app is for personal use to access the “With Love to the World” quarterly daily devotional guide for daily personal devotional time.

2.2             You acknowledge that whilst the app is free to download, access to the functionality of the app, including the publication, is subject to the payment of the annual subscription fee as provided for in the app.

2.3             You must not, in any way: copy, modify, reverse engineer, sell / distribute the app, or infringe our intellectual property rights as set out in paragraph 4. You also must not use the app to mislead or deceive or to prejudice our goodwill and reputation.

2.4             You must use the app as permitted by the usage rules set out in the Apple App Store Terms of Service.

2.5             You represent and warrant that:

(a)             You are not located in a country that is subject to a US Government embargo, or a country designated as “terrorist supporting” by the US Government; and

(b)             Not listed on any US Government list of prohibited or restricted parties.

2.6             You must comply with any third-party agreement when using our app, such as your agreement with your internet service provider.

2.7             We may provide updates or make modifications to our app at any time and without notice.  You acknowledge that we are solely responsible for providing maintenance or service to the app, and Apple has no obligation whatsoever to provide maintenance or support services.

3. Use of data

3.1             We may periodically collect and use app data. Such data is used to facilitate maintenance and support, improve the app or any other of our products or services.

3.2             Your privacy is important to us. You consent to the use, transfer and disclosure of personal information by us in accordance with our Privacy Policy. Our app uses tracking tools to improve the content and functionality of our app. Our use of your data is managed in accordance with our Privacy Policy.

4. Intellectual Property

4.1             We remain the owner of any intellectual property in or associated with our app. You acknowledge and agree that you have not been issued, assigned, or transferred any rights in our intellectual property as a result of using our app or accepting this EULA.

4.2             You acknowledge that in the event of a third-party claim against our app and your licence and use of our app, that we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

5. Disclaimer, Warranty& Indemnity

5.1             You use our app at your own risk and no warranty, express or implied, is given in relation to the usage of our app. However, in the circumstance where our app does not comply with any warranty and guarantee not excluded, you may notify Apple and Apple will refund the purchase price to you. You acknowledge that Apple has no other warranty or guarantee in relation to our app to the extent that can be lawfully excluded.

5.2             You agree to indemnify and defend us, and each of our directors, managers, officers, employees, and other representatives for all damages, losses, penalties, fines, expenses and costs (including legal costs) whether direct or indirect which arise out of or relate to use of our app. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and misleading and deceptive conduct.

6. Liability

6.1             To the extent permitted by law, our liability is limited to any breach or default by us and you agree that our entire liability and your exclusive remedy shall be a refund to you of the yearly subscription fee.

6.2             We are not liable for any consequential, economic or indirect damages (including loss of profit, business interruption, or loss of data).

6.3             Our limitation of our liability is subject to the provisions of the Australian Consumer Law and clause 8.

7. Product Claims

7.1             You acknowledge that we, not Apple, are solely responsible for any claims relating to the app, including:

(a)             product liability claims;

(b)             any claim in relation the app’s failure to conform to legal or regulatory standards; and

(c)             claims arising under consumer protection or privacy legislation.

8. Australian Consumer Law

8.1             Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the app, you are entitled:

(a)             to cancel your agreement with us; and

(b)             to a refund for the unused portion, or to compensation for its reduced value.

8.2             If a failure with the app does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the app.

9. Termination

9.1             This licence continues until it is terminated by you or by us.

9.2             You may terminate the licence by deleting the app.

9.3             We reserve the right to terminate, restrict, or block your access to our app at any time if we believe that you have breached this EULA without prior notice.

9.4             You acknowledge that the clauses of this EULA that are intended to survive beyond termination do so.

10. Governing law

10.1          This EULA is governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia.

10.2          You agree to hear, settle, and / or determine any dispute or claim (including any non-contractual dispute, controversy or claim) arising from or in connection with this EULA, including any question over its existence, validity, formation or termination.

11. Contact information – questions, complaints or claims

11.1          Please submit any questions, complaints or claims to:

Developer:With Love to the Word ABN 71 508 729 430

Address: The Office Manager, With Love to the World, PO Box 560, Strathfield NSW 2135, Australia.

Email: wlwuca@bigpond.com

Telephone: +612 9747 1369

Version: 9 July 2020