APP DISCLAIMER
Use of this App is at your own risk and League App is not liable for any loss, damage or disclosure of any personal information that may result from its use. The App accesses the minimum permissions required to enable the App to function and these permissions are detailed when a version of the App is installed. Software bugs will be fixed on a best endeavours basis and can be reported via the App stores or via our website.
APP PRIVACY POLICY
At League App, we are committed to protecting your privacy as a user of our App and services. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Cth). Please read our Privacy Policy below carefully. You may query what is being collected and change your details at any time by advising us in writing via our contact details below.
STORAGE AND SECURITY OF PERSONAL DATA
Any information you enter through our App, on our website or give us in any other way, from time to time, is protected by our secure server or by a third party on our behalf using an approved secure server. You may provide basic contact information such as your name, phone number, address and email address (‘Personal Data’) to enable us to send information or process your product order. We may also collect additional Personal Data at other times in order to be able to deliver our services, including but not limited to contact lists, GPS location, passwords, feedback or communication with League App customer support.
At all times, your Personal Data is secured against unauthorised use or access and will not be used for any purpose other than as specified in this Privacy Policy. Credit card information is not stored or accessible by us and is encrypted and processed by approved third parties.
We may collect other information about your use of the App, login information, data storage and other similar information for the purpose of improving our services. At no time will we sell, rent or share your Personal Data with any third parties for marketing or similar purposes, without your express consent or unless required by law. We do not keep your Personal Data when you terminate your use of the App and our services. We periodically purge the database to ensure any outdated information that may personally identify you is wiped from our database.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, League App may use your Personal Data to protect the rights, property or safety of League App, its customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale or otherwise) or a sale or transfer of its assets or customer information, your Personal Data could be disclosed to a potential purchaser under an agreement to maintain confidentiality or could be sold or transferred as part of that transaction. We would only disclose your information in good faith and where required by any of the above circumstances.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information at any time.
League App is committed to the privacy and security of our clients. We will never disclose your personal details or any Personal Data to a third party, except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of League App, its customers or third parties or if required by law. We will use all reasonable means to protect the confidentiality of your Personal Data and will not share your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this Privacy Policy.
We may use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our website or App. They may collect anonymous information about your use of our App or visits to our website and your interaction with our products and services. They may also use this information to provide more relevant advertisements about goods and services of interest to you.
SECURITY
League App strives to ensure the security, integrity and privacy of Personal Data submitted to our App and website and we periodically update our security measures in light of current technologies.
LINKS
Our App and website may contain links to other websites. These links are meant for your convenience only. Please be aware that League App is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this App and website.
EMAIL COMMUNICATION
League App may also provide you with information and updates regarding our App, website and changes to the law from time to time. League App may also make you aware of their new and additional products and services via email. This service is free and you can unsubscribe at any time.
CHANGES TO OUR PRIVACY POLICY
As we plan to ensure our Privacy Policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this App or website.
QUESTIONS OR COMPLAINTS
If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at: info@premierdata.com.au. Please return periodically to review our Privacy Policy.
APP TERMS OF USE
These Terms of Use apply to the use of this App. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you are not permitted to use this App or related services.
DEFINITIONS
“App” means the League App software application for mobile phones and tablet computers.
“Advertiser” means an advertiser who has been accepted to place an advertisement or listing on or through the App. “Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including all material, links, words and images.
“We”, “our” and “us” means Premier Data, League App and includes all employees, directors and contractors from time to time.
“You” means each of the end user, subscriber or Advertiser (as relevant).
GENERAL
By using this App, you authorise us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar, in any form of media or technology for any purpose related to the App. You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App. Unless otherwise specified, the App and associated services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the App, which are not your own intellectual property.
You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
MODIFICATION OR TERMINATION OF APP
We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.
From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.
LIABILITY
Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.
In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.
All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on our site and App. Any unauthorised use of the materials appearing on our site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
GOVERNING LAW
These Terms of Use are governed by the laws of VIC which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of VIC for determining any dispute concerning these Terms of Use.
END USER LICENCE AGREEMENT (‘EULA’)
Please read this EULA carefully, as it sets out the terms and conditions (‘Terms’) upon which we license our Software for use. This EULA is between you, as end-user Licensee, and League App for the licensing of this App. No other EULA applies in respect of this App. In the event of any conflict of any licensing terms, the terms of this EULA prevail. Before you use the Software, we ask you to give your express agreement to the terms and conditions of this EULA. If you do not agree to this EULA, you must not use the Software for any purpose whatsoever.
1. DEFINITIONS AND INTERPRETATION
In this EULA:
- “App” means League App;
- “App store” includes any Apple Itunes, Google Play and all other App stores that may be listing the App product for sale, use, license or making it otherwise available to the public;
- “Effective Date” means the date when the Licensee agrees to the terms and conditions of this EULA;
- “EULA” means this end user licence agreement and any amendments from time to time;
- “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
- “Intellectual Property Rights” means all intellectual property rights worldwide, whether registered or unregistered, including any application or right of application for such rights;
- “Licensee” means the licensee of the Software under this EULA;
- “Licensor” means Premier Data;
- “Software” means League App App software including following the application of any Upgrade; and
- “Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.
2. LICENCE
2.1 You are the Licensee and you acknowledge and agree that our App is licensed and not sold to you. Your licence to any App store product that you obtain through the App stores or obtain through our website, where applicable, is subject to your prior acceptance of this EULA. You are, on purchase from the App store, entering into a binding agreement directly with the Licensor of the software and not the App store. The App store is at no times a party to the licence between you and the Licensor of the App. The Licensor of each App is solely responsible for that App including any warranties and claims that you may have relating to that third party App product.
2.2 The Licensee is granted a non-exclusive, personal, non-transferable licence to use the App on a mobile device for your own business and/or your own private and non-commercial purposes and in accordance with the provisions of this clause.
2.3 Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software licence, the provisions of this EULA, the Licensor grants to the Licensee a non-exclusive, non-transferable licence to:
(a) download the Software;
(b) install the Software on one mobile device provided that only the single authorised licence holder will operate the products. A single licence does not permit the licensee to install the product on a network or a shared drive for use by more than one user; and
(c) use the Software anywhere in the world.
2.4 The Licensee must not:
(a) copy or reproduce the Software or any part of the Software other than in accordance with the licence granted in these Terms;
(b) sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or republish the Software or any part of the Software;
(c) modify, alter, adapt, translate or edit, or create derivative works of the Software or any part of the Software; (d) reverse engineer, decompile, disassemble the Software or any part of the Software; or
(e) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing unauthorised use;
provided that nothing in this clause will prohibit or restrict the Licensee or any other person from doing any act expressly permitted by applicable law.
2.5 All Intellectual Property Rights in the Software are and will remain, as between the parties, the property of the Licensor. In the event of any dispute of Intellectual Property Rights, the Licensor retains and has full rights solely for any investigation, defense, settlement and discharge of any such claim by any third party.
2.6 The Licensee must not permit any other person to use the Software or to exercise any of the other rights granted by the Licensor to the Licensee in this EULA.
3. SUPPORT
3.1 The Licensor is solely responsible for providing support and maintenance for the App subject to the following:
(a) The Licensee must promptly apply any Software Upgrade released by the Licensor and made available by the Licensor to the Licensee from time to time;
(b) The Licensor will have no obligation to provide support for the Software under this clause or repair or replace the Software in relation to any version of the Software that does not incorporate the most recent upgrade to the Software; where the problem arises from Software not supplied by and or any unauthorised use or modification of the Software; and
(c) The Licensor will provide to the Licensee email support during the period of the licence for the purpose of resolving issues with the Software raised by the Licensee acting reasonably. At no time does the Licensor warrant that the Software will be virus-free and the Licensor agrees it is solely the Licensor’s responsibility to conduct appropriate virus scanning prior to the installation and use of any Software.
3.2 The Licensee acknowledges that:
(a) the Licensor’s sole obligation under the clause is to make reasonable endeavours to resolve issues raised by the Licensee;
(b) the Licensor does not warrant or represent that issues raised will be solved by means of the support services; (c) the Licensor will not provide any on-site support under this EULA; and
(d) the Licensor and not the App store, is solely responsible for all maintenance and support of the App.
3.3 The Licensor may subcontract any of its obligations under this clause to any third party.
4. LIMITATION OF LIABILITY, DISCLAIMERS AND LIMITED WARRANTY
4.1 Limitation of liability: To the full extent permitted by law and subject to any implied condition, warranty or right, or any statutory consumer guarantee contained in any law (including the Competition and Consumer Act 2010 (Cth)) which cannot be excluded by law:
(a) the Licensor excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this EULA;
(b) the Licensor excludes all liability in respect of loss or corruption of data, interruption of business or any consequential or incidental damages;
(c) all implied conditions, warranties, rights and terms are excluded;
(d) the Licensor is not liable for use of the Software in connection with hazardous activities, or any activity for which failure of the Software might result in death, bodily injury or psychiatric injury to the End User, its employees, independent contractors, agents, customers or any member of the public; and
(e) the Licensor will in no circumstances be liable for any type of special, indirect or consequential loss, for any loss of profit, revenue, or anticipated saving, loss or corruption of data, interruption of business, loss of use, loss of contracts with third parties, loss of business or loss of goodwill, even if such loss was reasonably foreseeable or the Licensor had been advised of the possibility of the same arising.
4.2 The Licensor does not warrant:
(a) that the App, Software or services provided through the App will be uninterrupted or error-free. There may be periods where, for technical or operational reasons the App and services may be inaccessible or that we may have to cancel the service as a result of the technical or operational issues. Non-material errors in the Software will not constitute a breach of this EULA; and
(b) that the App, Software and services will be free from loss, viruses, corruption, hacking, security breaches or other such events which may constitute a Force Majeure Event for which we disclaim any liability for any such issue or event. You are solely responsible for backing up your systems, information and software.
4.3 All of the parties’ liabilities and obligations in respect of the subject matter of this EULA are expressly set out herein. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of this EULA will be implied into this EULA or any related contract.
4.4 The limitations and exclusions of liability set out in this Clause:
(a) are subject to the above Clause 4.1; and
(b) govern all liabilities arising under the EULA or in relation to the subject matter of the EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
4.5 The Licensor will not be liable to the Licensee in respect of any business or personal losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill, Force Majeure Event, death or personal injury.
4.6 The Licensor will at no time be liable to the Licensee in respect of any special, indirect, or consequential loss or damage including but not limited to any loss or corruption of any data, database or software. In any case, the Licensor’s aggregate liability to the Licensee will not exceed the purchase price of the App.
4.7 In the event of any issues with the App, the Licensor, and not the App store or any of its affiliates, is responsible for addressing all claims relating to any issues including but not limited to: the licence, any intellectual property rights, use of the App, any issues relating to warranties, consumer law and regulation and all other claims. You may notify the App store of any issues or claims you may have but you acknowledge that the App store is at no time responsible for any claim or rectification of any issue.
5. INDEMNIFICATION
You agree to indemnify and hold us, each of our affiliates, successors, directors, employees, agents, representatives, suppliers and service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including all reasonable legal fees), resulting from your use of the App and/or any violation of these Terms. You agree to assume and take over control of any demand, claim or action arising hereunder or connection with the App in the event of any action resulting directly or indirectly from your use of the App or our Services or any breach of the Terms.
6. TERMINATION
The licence granted under this EULA is effective until terminated either by you or the Licensor. Your rights under this licence will terminate automatically without notice from the Licensor if you fail to comply with any terms of this licence. Upon termination of the licence, you will cease all use of the App and destroy all copies of the App.
7. GENERAL
7.1 No breach of any provision of this EULA will be waived except with the express written consent of the party not in breach.
7.2 If a clause of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this EULA will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
7.3 The Licensor may freely assign this EULA and/or its rights and/or obligations under this EULA without the Licensee’s consent. Except as expressly provided in this EULA, the Licensee must not assign, transfer, charge, license or otherwise dispose of or deal in this EULA and/or any its rights and/or obligations under this EULA. 7.4 Where the App is listed on a third party app store, the app store is a third party beneficiary of this EULA and has the right to enforce this EULA against the Licensee.
7.5 Where the App uses or requires any third party service in order to run or provide the App services, the Licensee agrees to comply with all relevant third party agreements and terms.
7.6 This EULA constitutes the entire agreement and understanding of the parties in relation to the subject matter of this EULA, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of this EULA. Subject to Clause 4, each party acknowledges that no representations or promises not expressly contained in this EULA have been made by or on behalf of the other party.
7.7 This EULA will be governed by and construed in accordance with the laws of the State or Territory of VIC, Australia; and the courts of the State or Territory of VIC, Australia, will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
7.8 In the event of any questions, complaints, issues, claims or queries, you can contact Brett Hardiman of Premier Data at info@premierdata.com.au.