EULA
EULA
Last updated: 09/12/18
Welcome to Packaged Dangerous Goods Guide!
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Packaged Dangerous Goods Guide ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
Thanks for using Packaged Dangerous Goods Guide, the Segregation of Packaged Dangerous Goods application for road transport (“Application”) The Application is provided by Packaged Dangerous Goods Guide Pty Ltd (ABN 99 120 322 858), of 10/1 International Drive, Tullamarine VIC 3043 (“Packaged Dangerous Goods Guide”, “we”, “us” or “our”).
This agreement (“Agreement”) is between Packaged Dangerous Goods Guide Pty Ltd and the person and/or entity agreeing to this Agreement (“you”). By accessing or using our Application, you are agreeing to this Agreement (“Agreement”) and any other terms agreed between Packaged Dangerous Goods Guide Pty Ltd Licensor and the Licensee. Please read this Agreement carefully. If you do not agree with these Agreement stop using and uninstall the Application immediately.
DEFINITIONS
In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account linked to the users Google account.
“Application” means the software application purchased by the Licensee via the Application Store.
“Application Store” means the digital mobile application store used to purchase and download the mobile application. This is currently limited to the Google Play Store.
“Load Reports” means reports made in the mobile application for the use of recording packaged dangerous goods being transported on road vehicles.
“Data” means any data inputted into the Application by the Licensee, you or with the Licensee’s authority.
“GDPR” means European Union General Data Protection Regulation 2016/679
“Intellectual Property Rights” means all rights in copyright, patents, registered and unregistered trademarks, registered designs, trade secrets, knowhow, rights in relation to circuit layouts and all other rights of intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.
“Mobile Application” means the downloaded and installed Application from the Application Store called Packaged Dangerous Goods Guide.
"Privacy Policy" means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.
"Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account.
“Licence” means a worldwide, fee bearing, non-exclusive, non-transferable, non-sublicensable licence, limited license to download, install and use the Application solely for your purposes strictly in accordance with the terms of this Agreement.
“Licensee” means a party that has entered into an Order with a Licensor to access and use the Application.
“Licensor” means a party granted the rights by Packaged Dangerous Goods Guide Pty Ltd to licence and distribute the Application.
“Order” means the purchase Agreement entered into between the Licensee and the Licensor which contains details of: (i) the application being purchased; (ii) the applicable Licence Fees and Payment Terms; (iii) the term of the Licence (“Term”).
"Services" means all the services provided by Packaged Dangerous Goods Guide Pty Ltd via the Mobile Application to Users, and "Service" means any one of them,
"User/s" means users of the Mobile Application, including you and "User" means any one of them.
Scope
2.1 This Agreement govern your use of the Application as well as any technology you download from us that references this Agreement. This Agreement includes the Acceptable Use Policy, Privacy Policy, any Orders and any other references to Packaged Dangerous Goods Guide Pty Ltd policies as though those policies were included in this Agreement. If any of the provisions of any applicable Packaged Dangerous Goods Guide Pty Ltd policy conflict with this Agreement, this Agreement have priority, solely to the extent such Terms of Use apply to the Application.
2.2 If you also use any of our other products or services, the separate terms of use that apply to those services will apply to you in addition to this Agreement which will continue to apply to your use of the Application.
Licence to Application
3.1 A Licensor has granted the Licensee the Licence on agreed terms.
3.2 The Licensee and you will ensure that the Application is protected at all times by it from access, use, damage or destruction by any person not authorised to access or use the Application.
3.3 When accessing and using the Application, the Licensee and you must not:
3.3.1 attempt to undermine the security or integrity of Packaged Dangerous Goods Guide Pty Ltd computing systems or networks or, where the Application are hosted by a third party, that third party’s computing systems and networks;
3.3.2 use the Application in any way which may impair the functionality of the Application or Internet Site, or any other systems used to deliver the Application;
3.3.3 impair the ability of any third-party user to access and use the Application or Internet Site;
3.3.4 attempt to gain access to any materials other than those to which the Licensee has been given express permission to access or to the Internet Sites on which the Application is hosted;
3.3.5 transmit, or input into the Application or Internet Site, any: (a) files that may damage any other person’s computing devices or software, (b) content that may be deemed to be offensive, or (c) material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which the Licensee does not have the right to use); or
3.3.6 attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Application or to operate the Internet Site except as is strictly necessary to use either of them for normal operations.
Data Protection
4.1 This Section shall only apply if and to the extent that GDPR applies to any of the data with which you use the Application and/or No Charge Services. If this Section applies, the provisions of Appendix 1 (Data Protection Compliance) and Appendix 2 (Data Processing Agreement) shall apply.
Term & Renewal
5.1 Applications are provided on single purchase basis as specified in your Order.
5.2 If Packaged Dangerous Goods Guide Pty Ltd does not want the Application to renew, then it will provide you written notice to this effect. This notice of non-renewal will be effective upon the conclusion of the then current Term.
Billing and Payment
6.1 You agree to pay all Fees in accordance with your Order via the Application Store. Unless otherwise specified in your Order, you will pay all amounts at the time you place your Order. Please see the Application Store Terms of Service for further information about Billing and Payment https://play.google.com/about/play-terms/index.html,
Disclaimer
7.1 Except as expressly stated in this Agreement, Packaged Dangerous Goods Guide Pty Ltd does not make any representation or warranty (express or implied) whatsoever about the Application.
7.2 Packaged Dangerous Goods Guide Pty Ltd does not warrant that the use of the Application will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Application, including Internet Sites, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Application. Packaged Dangerous Goods Guide Pty Ltd is not in any way responsible for any such interference or prevention of the Licensee’s access to or use of the Application.
7.3 Without limiting the foregoing, Packaged Dangerous Goods Guide Pty Ltd does not warrant that the Application will meet the Licensee’s requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
7.4 It is the Licensee’s sole responsibility to determine that the Application meet the needs of the Licensee’s business and are suitable for the purposes for which they are used.
Limitation of Liability
8.1 Packaged Dangerous Goods Guide Pty Ltd shall not be under any liability to the Licensee, you, any affiliated entity or any third party in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred, or which may arise directly or indirectly in respect of the supply or use of the Application or results therefrom.
8.2 To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.
8.3 Notwithstanding the above, to the maximum extent permitted by law, in no event shall our aggregate liability for any claims arising out of or related to these Terms exceed the greater of one hundred Australian dollars ($100) or the amount that you paid, if any, to us for access to or use of the Application during the six months period immediately prior to the event giving rise to such liability.
Indemnity
9.1 The Licensee and you shall indemnify and hold Packaged Dangerous Goods Guide Pty Ltd and its related parties, officers, agents and employees (“Indemnified Parties”) harmless from and against any and all action, losses, damage, judgements, awards, settlement and expenses, directly or indirectly arising from or connected with any claim, demand, law suits or legal proceedings arising out of the accuracy of the Application, of any work produced from the Application, the use of the Application by the Licensee, you, an affiliated entity or any third party, or the unauthorised use of the Application by the Licensee, you or an affiliated entity.
9.2 The Licensee shall be solely responsible for the use, supervision, management and control of the Application including without limitation, any exercise of the Licence by you or an affiliated entity.
Force Majeure
10.1 We won’t be held liable for any delays or failure in performance of any part of the Application, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers
Obligations of the Licensee and You
11.1 You must use the Application in accordance with this Agreement.
11.2 The Licensee shall notify the Licensor immediately if the Licensee or you become aware of any unauthorised use of the whole or part of the Application by any person.
11.3 You are responsible for responding to a request from a third party for records relating to a User's use of the Application (“Third Party Requests”). Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the User permitting the disclosure. We will, to the extent allowed by law and by the terms of the Third Party Request: (a) promptly notify you of the receipt of a Third Party Request; (b) comply with your reasonable requests regarding its efforts to oppose a Third Party Request; and (c) provide you with the information or tools required for you to respond to the Third Party Request. You will first seek to obtain the information required to respond to the Third-Party Request on its own, and will contact us only if you cannot reasonably obtain such information.
Security
12.1 By using the Application, you acknowledge that it is your sole responsibility to ensure the confidentiality and security of any information transmitted from or stored on a device for the purposes of the Application, for all transactions and other activities in the Users name, whether authorised or unauthorised. You understand that use of the Application involves transmission of your Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your Data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of your Data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third-party service providers
Confidentiality
13.1 The Licensee and you shall take all reasonable steps to maintain and safeguard the confidentiality of the Application and to ensure that its employees maintain the confidentiality of and use the Application solely for their authorised use.
Intellectual Property
14.1 General: Title to, and all Intellectual Property Rights in the Application and any documentation relating to the Application remain the property of Packaged Dangerous Goods Guide Pty Ltd.
14.2 Ownership of Data: Title to, and all Intellectual Property Rights in, the Data remain the property of the Licensee. However, the Licensee’s access to the Data is contingent on full payment of the Licence Fee when due. The Licensee grants Packaged Dangerous Goods Guide Pty Ltd a licence to use, copy, transmit, store, and back-up the Licensee’s information and Data for the purposes of enabling the Licensee to access and use the Application and for any other purpose related to provision of services to the Licensee.
Termination of the Licence
15.1 If the Licensee or you fail to perform any of the material obligations or responsibilities under this Agreement Packaged Dangerous Goods Guide Pty Ltd may terminate the Licensee’s Licence or any User’s access to the Application immediately upon written notice to the Licensee.
15.2 Upon termination of access to the Application all rights granted by Packaged Dangerous Goods Guide Pty Ltd or the Licensor to the Licensee shall cease immediately.
15.3 Upon termination of access to the Application all copies of Confidential Information shall be erased from all forms of storage held by the Licensee.
Waiver
16.1 None of the conditions of this Terms of Use shall be waived, varied, discharged or released whether at law or in equity, unless agreed by Packaged Dangerous Goods Guide Pty Ltd in writing.
Survival
17.1 The Disclaimer clause 9, Limitation of Liability clause 10, Indemnity clause 11, Force Majeure clause 12, Confidentiality clause 13 and Intellectual Property clause 16 shall continue to have full force and effect following termination of access to the Application.
Amendments
18.1 We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you. If we modify this Agreement during the Term, the modified version will be effective upon your next update of the Mobile. In this case, if you object to the updated Terms of Use, as your exclusive remedy, you may choose not to use the application.
18.2 With respect to No-Charge Services, accepting the updated Terms of Use is required for you to continue using the No-Charge Services. You may be required to click through the updated Terms of Use to show your acceptance. If you do not agree to the updated Terms of Use after it becomes effective, you will no longer have a right to use No-Charge Services. For the avoidance of doubt, any Order is subject to the version of the Terms of Use in effect at the time of the Order.
General
19.1 This Terms of Use is governed by and construed in accordance with the laws of the State of Victoria, Australia and all parties accessing or using the Application submit to the jurisdiction of these courts.
19.2 If any provision of this Agreement is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the Terms of Use shall be construed in a manner as to give greatest effect to the original intention of this Agreement.
19.3 The waiver of any right or failure of either of us to exercise in any respect any right provided in this Agreement in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any right under this Agreement.
19.4 Your use of any mobile application that is not provided via the Application shall be governed by the terms and conditions applicable to that website or software. We are not responsible for any consequences resulting from the use of such website or software, including but not limited to any damage to your property, including your device, or the transfer of any computer virus or similar malicious code, except to the extent such consequences are caused by the Application.
19.5 Any notices to you may either be posted on the Site or given in writing (which may be by email) to the address last notified by you to Packaged Dangerous Goods Guide Pty Ltd. Any notices to Packaged Dangerous Goods Guide Pty Ltd, and any questions, concerns or complaints relating to the Application shall be in writing and addressed to: Packaged Dangerous Goods Guide Pty Ltd, 10/1 International Drive, Tullamarine VIC 3043 Australia or given by email to: atddgpg@gmail.com
19.6 You agree to use your best endeavours to resolve any dispute arising out of or relating to this Agreement, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
19.7 This Agreement, and any rights and Licences granted hereunder, must not be transferred or assigned by you without our prior express written consent. We may, without restriction, assign this Agreement and our rights and delegate our obligations hereunder to: (i) any of our affiliates or subsidiaries, or (ii) a third party participating in a merger, acquisition, sale of shares or assets, change of control, corporate reorganisation or similar transaction in which Packaged Dangerous Goods Guide Pty Ltd is participating.
19.8 In respect of the subject matter of the End-User License Agreement, this End-User License Agreement contains the entire understanding between the parties. Any previous oral and/or written communications, representations, warranties or commitments are superseded by the Terms of Use and do not affect the interpretation or meaning of the Agreement and each of the parties has relied entirely on its own enquiries before entering into the Agreement.
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Congratulations! You’ve reached the end. Thanks for taking the time to learn about our End-User License Agreement and policies; we trust our Application will assist you to enhance your ability to transport packaged dangerous goods during road transport.