END-USER LICENCE AGREEMENT FOR AUSTRALIAN SEAFOOD QUALITY INDEX APP (ASQI)

IMPORTANT: This Licence Agreement ("Licence") is a legal agreement between you and Sydney Fish Market Pty Ltd ABN 24 064 254 306 ("SFM") regarding your use of the ASQI App (the "App"). Please read the terms of this Licence. By clicking "I AGREE", or by installing and using the App, you agree to be bound by the terms of this Licence. If you do not agree with the terms of this Licence, you are not entitled to use the App, and you must cease using the App and uninstall the App from your mobile device.

Your use of the App is governed by this Licence and the SFM Privacy Statement ("Privacy Policy"). To the extent of any inconsistency between any part of this Licence and the Privacy Policy, the terms and conditions in this Licence will prevail to the extent of the inconsistency.

1.            Licence

Subject to the terms of this Licence, SFM grants you a non-exclusive, royalty free, revocable, and non-transferable licence (without the right to sub-license) to install and use the App on your personal mobile device in machine executable object code form solely for your own personal, non-commercial use.

2.            Changes to the App and Licence

2.1         SFM may from time to time, without notice, modify, change or update the App. In the event of any such modification, change or update, SFM does not represent that any feature or functionality of the App will remain.

2.2         SFM may from time to time review and update this Licence. Your use of the App will be governed by the most recent Licence terms made available via the App. By continuing to use the App, you agree to be bound by the most recent Licence terms. It is your responsibility to check the App regularly for the most recent version of the Licence terms.

3.            Use of the App

You acknowledge and agree that:

(a)          SFM may monitor usage and activity of the App and maintain user access logs;

(b)          SFM may use any information you input into the App for any of its business purposes, subject to the terms of the SFM Privacy Statement;

(c)          the App may contain advertisements for the goods or services of SFM or of third parties and may contain links to third party web sites ("Third Party Web Sites") that are unrelated to the App. SFM may receive payment in connection with the display of, or click-throughs from, such advertisements or links, or as a result of goods and services bought or sold through such advertisements and links; and

(d)          SFM is not responsible and will not be liable in respect of the content or operation of any Third Party Web Sites or any of the goods, services or content they describe.

4.            Restrictions

4.1         The App and any related documentation is protected by Australian copyright laws and international treaties. You must not:

(a)          distribute copies of the App to third parties;

(b)          modify, adapt, translate into any language, reverse engineer, decompile, or disassemble the App, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

(c)          not rent, lease, or lend the App or use the App for any commercial or business endeavours; or

(d)          misuse the App, or engage in any inappropriate or offensive behavior, communicate any defamatory, obscene, misleading, deceptive or unlawful material, or otherwise use the App in a manner which is unlawful or which may infringe the rights of another person, including any Intellectual Property rights or privacy rights.

5.            Sync with Website

The App may provide functionality through which you are able to synchronize the information you have stored in the App to the Sydney Fish Market website (Website) and vice versa. Access to the Website is pursuant to the Terms of Use found on the Website.

6.            Denial of Access

SFM may any time deny all or part of your access to the App where in SFM’s opinion you fail to comply with this Licence, or otherwise suspend your access to the App without being obliged to give you a reason. You acknowledge and agree that SFM may discontinue your access to the App.

7.            Wireless carrier charges

You acknowledge and agree that by using the App you may incur charges from your wireless carrier and that payment of any such charges will be your sole responsibility.

8.            Termination

8.1         Without prejudice to any other rights, SFM may immediately:

(a)          terminate this Licence for any reason (including due to your breach or alleged breach of this Licence); or

(b)          discontinue the App, including ceasing to provide administrative and technical support for the App, for any reason (including due to your breach or alleged breach of this Licence);

in its sole discretion and without prior notice.

8.2         In such event described in clause 8.1, you must delete all copies of the App that are on any mobile devices, on your computer or are otherwise in your possession or control.

8.3         You may terminate this Licence at any time by destroying all copies of the App and related documentation in your possession or under your control.

8.4         All restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of SFM, will survive termination of this Licence or discontinuance of the App.

9.            SFM Content and Trade marks

9.1         For the purposes of this Licence, the term "Intellectual Property Rights" means all rights in respect of registered and unregistered copyright, patents, designs, trade marks, and confidential information rights. All Intellectual Property Rights in the App and all components of it (including, but not limited to, any information, photos, text, or other material transmitted, communicated or otherwise provided by SFM ("SFM Content")) are owned or licensed by SFM.

9.2         The App displays trade marks, logos, service names, trade names of SFM or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks logos, service names and trade names appearing in the App.

10.         Disclaimer

The App will provide you with a figure for the number of "days on ice" for a seafood product based on the information you input into the App. This figure is calculated based on information reasonably believed by SFM to be accurate, but is intended as a general "in principle" guide only and is subject to various factors, including the accuracy of the information you input into the App and other factors which may not be taken into consideration by the App.  SFM does not warrant or represent that any information provided to you by the App is reliable, accurate, complete or suitable for your purposes or whether a seafood product is fit for consumption. You must make your own assessment about the quality of any seafood product and you assume all risk in your use of the information provided to you by the App.

11.         Warranties and Liability

11.1       Exclusion of warranties

Subject to clause 11.2, to the maximum extent permissible at law, SFM expressly disclaims any warranty for the App. The App is provided without any express or implied warranty of any kind, including (but not limited to):

(a)          the operation or availability of the App;

(b)          the accuracy, adequacy, correctness, completeness, suitability, timeliness or reliability of the SFM Content, the App or any information regarding seafood products or the assessment of seafood quality or becoming a buyer, fisher or retailer;

(c)          the merchantability or fitness for a particular purpose of the App or SFM Content;

(d)          that the App will not be subject to unauthorised access;

(e)          that the App will be free from viruses, worms, Trojan horses or other malicious or disabling code;

(f)           that the App will compatible or inter-operate with any particular device, computer system or item of equipment, software (including web browsers or operating systems) or data format;

(g)          that the use of the App will have beneficial results for your business, financially otherwise; or

(h)          that the App will meet your requirements or expectations.

11.2       Liability for breach of non-excludable rights

(a)          Nothing in this Licence excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).

(b)          To the maximum extent permitted by law, the liability of SFM for breach of a Non-Excludable Guarantee is limited, at SFM's option, to either resupplying the App to you or paying the cost of re-supplying the App to you.

11.3       Limitations on liability

Subject to this clause 11, to the maximum extent permitted by law, SFM is not liable to you or to any other person for any:

(a)          liability, loss, damage, claim, cost or expense incurred by you, whether arising under contract, statute, tort (including negligence), in equity, by operation of law or otherwise; or

(b)          indirect, punitive, incidental, reliance, special, exemplary or consequential loss or damages, including (without limitation) any loss of business, loss of management time, loss of opportunity, loss of revenues, loss of profits, loss or corruption of data or loss of goodwill,

arising out of or in connection with this Licence, the App, the SFM Content or the conduct of other users of the App.

  1. Indemnity

12.1       You will fully indemnify and keep indemnified SFM, its officers, employees and contractors, in respect of all loss, damage, liabilities, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, actions claims, demands and proceedings howsoever arising, whether at common law or statute, in connection with any of the following:

(a)          any breach of this Licence by you;

(b)          your use of the App or SFM Content;

(c)          your communications with SFM; or

(d)          without limiting the foregoing, any claim that your use of the App or SFM Content infringes the rights of any person (including without limitation, Intellectual Property Rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

12.2       You agree to give full cooperation and provide SFM with reasonable assistance in conducting the defence of such a claim.

13.         Confidentiality

You agree to keep any information which is, or reasonably regarded to be, confidential to SFM. This obligation of confidentiality does not apply to any information that:

(a)          is generally available to the public (other than by reason of a breach of this Licence); or

(b)          is required to be disclosed by any applicable law.

14.         General

14.1       The law applicable to this Licence and to disputes arising out of this Licence is the law of the State of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia, in respect of all matters arising out of or relating to this Licence, its performance or subject matter.

14.2       Should any clause or part thereof of this Licence be found to be void, unenforceable or invalid, then it is severed from this Licence, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this Licence.

14.3       You may not rely on the words or conduct of SFM as a waiver of any right unless the waiver is in writing.

14.4       This Licence represents the entire agreement between you and SFM concerning the subject matter of this Licence and it supersedes any prior proposal, representation, or understanding between the parties.

15.         Contact

Questions, complaints and claims in respect of this App, the Licence or the Privacy Policy should be directed to: Sydney Fish Market Pty Ltd Locked Bag 247, Pyrmont, NSW 2009, 02 90041100 or email on appsupport@sydneyfishmarket.com.au

Last updated: 30 June 2015