Last updated: 13 October, 2019
Please read this End User License Agreement ("Agreement") carefully before downloading or using any of Refuel Games Pty Ltd's applications for mobile devices ("Application").
This Agreement is a legal agreement between you (either an individual or a single entity) ("you") and Refuel Games Pty Ltd (ABN 57 616 989 210) ("Refuel Games") and it governs your use of the Application made available to you by Refuel Games.
By 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 DOWNLOAD OR USE THE APPLICATION.
The Application is licensed, not sold, to you by Refuel Games for use strictly in accordance with the terms of this Agreement.
Refuel Games grants you a non-exclusive, non-transferable license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Unless otherwise permitted by law, you agree not to and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
copy or use the Application for any purpose other than as permitted under the above section 'License'.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Refuel Games or its affiliates, partners, suppliers or the licensors of the Application.
All ideas, feedback, suggestions or other information provided by you to Refuel Games regarding the Application ("Feedback") shall be the property of Refuel Games. You agree that Refuel Games is free to use Feedback in any way without any compensation, payment, or credit to you.
Refuel Games at its sole discretion may provide updates, maintenance, enhancements and/or bug-fixes for the Application ("Updates"). You agree that Refuel Games has no obligation to provide Updates. Updates may add, change, improve, modify or remove certain features of the Application.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Refuel Games shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Refuel Games does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
You agree that Refuel Games may collect and use technical information, including but not limited to, technical information about your device, system and application software, and peripherals, in a form that does not personally identify you, to provide software updates, improve its products or to provide services or technologies to you.
This Agreement shall remain in effect until terminated.
This Agreement will terminate immediately, without prior notice from Refuel Games, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Refuel Games' rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
To the maximum extent permitted by applicable law you agree to indemnify and hold Refuel Games and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Except for any non-excludable warranty or guarantee implied by applicable law, including the Australian Competition and Consumer Law 2010 (Cth) ("Australian Consumer Law"), the Application is provided to you "AS IS" with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, Refuel Games expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, and provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Nothing in this Agreement shall attempt to exclude liability that cannot be excluded under applicable law, including Australian Consumer Law.
To the maximum extent permitted by applicable law, in no event shall Refuel Games be liable for any special, incidental, indirect, or consequential damages whatsoever arising from your use or inability to use the Application (including, but not limited to, damages for loss of profits, for loss of data or other information, or for business interruption).
Notwithstanding any damages that you might incur, the entire liability of Refuel Games, except as required by applicable law, shall be limited to the amount actually paid by you for the Application.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Refuel Games reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction you agree that the laws of Queensland, Australia, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application, and in the event Refuel Games is unable to settle any dispute with you, then any court or arbitration proceedings shall be held in Queensland, Australia only. Your use of the Application may also be subject to other local, state, national, or international laws.
The United Nations Convention on the International Sale of Goods is specifically excluded from this Agreement
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions about this Agreement, please contact us at:
Email: legal@refuelgames.com
In writing: Refuel Games, 14 Toorumbee Drive, Mooloolaba, Queensland 4557, Australia
The Agreement constitutes the entire agreement between you and Refuel Games regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Refuel Games.
You may be subject to additional terms and conditions that apply when you use or purchase other Refuel Games' services, which Refuel Games will provide to you at the time of such use or purchase.
The following terms apply if you obtained a license for the Application from the Apple App Store.
Acknowledgement: You acknowledge that the Agreement is concluded between Refuel Games and you only, and not with Apple Inc. ("Apple"), and Refuel Games, not Apple, are solely responsible for the Application and the content thereof.
Scope of License: The Licence to use the Application granted under the Agreement is a non-exclusive, non-transferable license for you to use the Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Application may be accessed and used by other accounts associated with you via Apple Family Sharing or volume purchasing.
Maintenance and Support: Refuel Games is solely responsible for providing any maintenance and support services with respect to the Application, as specified in the Agreement, or as required under applicable law. Refuel Games and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Warranty: Refuel Games is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in this Agreement. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Refuel Games' sole responsibility.
Product Claims: Refuel Games and you acknowledge that Refuel Games, not Apple, is responsible for addressing any claims you or any third party make relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Refuel Games Application's use of the HealthKit and HomeKit frameworks.
Intellectual Property Rights: Refuel Games and you acknowledge that, in the event of any third party claim that the Application or your possession and use of that Application infringes that third party's intellectual property rights, Refuel Games, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiary: Refuel Games and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.